iHeart Radio: Proposed Changes to the Divorce Act - Featuring Alyssa Bach, Shulman & Partners

In an episode of the Shane Hewitt & the Nightshift podcast, the discussion turned to one of the most difficult realities in family law: relationships that end not simply due to irreconcilable differences, but because of serious concerns around safety, trust, and wellbeing. Against this backdrop, proposed amendments to Canada’s Divorce Act are drawing renewed attention to how the legal system addresses family violence, coercive control, and child safety during separation. Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, joined the program to explain how these proposed legislative changes could reshape the way lawyers and courts approach divorce, particularly in cases involving power imbalances or hidden patterns of harm. The interview focused on clearer legal language, mandatory screening for family violence, and more structured guidance for assessing children’s best interests, offering listeners timely and practical insight into how evolving family law may affect separating families.

“When we’re looking at coercive control in particular, it’s so many small things that, when looked at individually, don’t paint the picture. It has to be looked at holistically, with a pattern of behaviour, to understand the real impact on the family and the kids.”
— Alyssa Bach, Associate Lawyer, Shulman & Partners LLP

Throughout the conversation, Alyssa emphasized that the proposed Divorce Act amendments are not aimed at ordinary relationship breakdowns, but at situations where safety concerns, abuse, or deeply unhealthy dynamics are present. She explained that family violence in the legal context extends beyond physical harm and can include patterns of coercive control that undermine a partner’s autonomy or a child’s emotional security.

One of the key proposed changes would require family lawyers to formally screen for domestic and family violence when handling divorce matters. While many practitioners already incorporate this into their intake process, Alyssa noted that making it a statutory requirement would create consistency nationwide. This is particularly significant given that family law procedures can differ across provinces, while the Divorce Act applies uniformly across Canada.

Another central focus of the proposed amendments is how courts assess the best interests of the child. Alyssa explained that judges are already required to consider family violence, but the proposed changes would strengthen that obligation by directing courts to more actively assess coercive control and limiting discretion in certain circumstances. The intent is to ensure that harmful patterns are not minimized simply because individual incidents may appear minor when viewed in isolation.

The interview also addressed the complex role of parental alienation claims in cases involving allegations of family violence. She explained that these claims often arise as counterarguments, suggesting that a child’s reluctance to spend time with a parent is the result of the other parent’s influence rather than legitimate safety concerns. The proposed amendments would narrow the circumstances in which such arguments can be relied upon and restrict the use of court-ordered reunification therapy, except in very limited cases.

Alyssa highlighted that coercive control often manifests through subtle actions such as financial monitoring, controlling daily routines, or interfering with communication between a child and the other parent. While these behaviours may not appear alarming on their own, she explained that courts must assess them collectively to understand their cumulative impact on family dynamics and child wellbeing.

Overall, the discussion underscored that the proposed Divorce Act changes are intended to promote earlier risk identification, clearer legal analysis, and more consistent outcomes for families navigating separation, particularly where safety is a concern.

Listen to the full iHeart Radio show segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.