Custody disputes, family separation to be handled outside courts under new Manitoba law

LegislationintroducedTuesday will make it mandatory for most common-law partners in Winnipeg to deal with disagreements using a new dispute resolution service, rather than the courts, as part of a three-year pilot project.

"The current system is convoluted, it's complexand it's expensive," in addition to being adversarial,Justice Minister Cliff Cullen said Tuesday."We think we've come up with a solution."

Bill9, the Family Law Modernization Act,is the first of its kind in Canadato mandate an out-of-courtdispute resolution service for common-law partners,Justice Department officials said.

It's alsothe firstto make recommendation ordersresulting from the dispute resolution service as binding as court orders, they said.

Married couples will still have to file for divorce in federal court buthave the option of resolving any conflicts under the Winnipeg-based pilot project.

Lawyer Allan Fineblitled a family law reform committee for the province in 2018, whichrecommendeda pilot project in its final report to develop a faster and less adversarialdispute resolution.

"In family law you're not resolving a one-off dispute. It's a long, ongoing relationship and you have to be able to constantly solve problems," saidFineblit.

Pilot project details to come

The Family Law Modernization Act contains six parts that make changes to several laws in the province, including the Child Support Service Act and the Arbitration Act. Some of the changes could come into effect as early as fall 2019 once legislation is proclaimed, the justice ministersaid.

"There's a number of pieces to this puzzle," said Cullen. One of the first changes will be an out-of-court process for changing or updating child support arrangements.

The bill will also create athree-year pilot project in Winnipeg to test a new dispute resolution model. Thatwill include thecreation of a Family Dispute Resolution Serviceexpected to launch in early 2020, Cullen said.

He also said details about how exactly the new program will work and its cost are still being worked out. The government is working with consultantsNorth Forge Technology Exchangeto design the program.

"We laid out the framework in legislation. Alot of the mechanics have to be developed as we go forward," said Cullen.

Fineblit said since the new system will be a first in Canada,the family law reform committee felt it was important for the project to be nimble and that it undergo regular evaluation.

Using the Family Dispute Resolution Service will be mandatory for most common-law partners when resolvingissues such as child custody disputes, division of property and sorting out child and spousalsupport.

Couples with court orders relating to domestic violence, expedited child custody casesor who havealready begun divorce proceedings under the federal Divorce Actare exempt.

There will be two phases to the dispute resolution service.The first is a resolution phase, where a resolution officer (who could be a lawyer, social worker, financial planner or other professional) tries to reacha mutuallysatisfactory agreement.

If an agreement cannot be reached, the dispute goes to the second phase,wherean adjudicator makes a recommended order.

That orderwill carry the same weight as a court order if noobjection is made within 35 days.

The government expects thousands of matters that currently must be processed at court tobe resolved out of court under the new law. Officials estimate3,000 to 5,000 couples divorce or separateevery year in Manitoba.