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were already acting out due to their par- ents' separation. As Hyslop noted, the Divorce Act instructs that in deciding custody of children, courts are to "take into con- sideration only the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child." The act encourages maximum contact with parents. The mother proposed the father would have the children for 10 of their 12 weeks of holidays should they move to Australia. He could also visit them, the mother said, and would be able to use a condominium and vehicle while there. She also cited the availability of high- speed Internet access to allow the father to speak to the children each day via Skype videoconferencing. Of course, they could also talk over the telephone. In the end, the judge rejected the mother's proposal and ordered joint cus- tody, saying the father "would have little chance of making a decision concerning the children as it would be difficult to obtain the necessary facts to make deci- sions relating to the children." Hyslop also doubted that online com- munication would be adequate, and suggested the children will suffer "emo- tional loss." Wrote the judge: "Skype is not enough. They will not be able to participate in activities or events with their father. . . . The plaintiff 's plan is likely to fail; this will be at the expense of the children." In a separate case, B.C. Supreme Court Justice Deborah Satanove seemed more optimistic about online commu- nication for non-custodial parents. "The plaintiff also promises to acquire Skype and to pay for regular long-distance tele- phone access," wrote Satanove in Gauvin v. Gauvin. "Obviously, electronic commu- nication is not as desirable as in-person access, but it does allow for the child to keep in touch with her dad every day if she so wishes." The judge went on to grant the mother interim sole custody and permission to move her 12-year-old child with her to Spain for at least a year. Canadian courts are not the only ones grappling with this issue. The state of Illinois recently amended sections of its Marriage and Dissolution of Marriage Act, adding new language that outlines how electronic communication, includ- ing online videoconferencing, should be handled in relation to parental visitation. The statute now reads: "Visitation means in-person time spent between a child and the child's parent. In appropriate circumstances, it may include electronic communication under conditions and at times determined by the court." But the Illinois legislature did not fully back the use of electronic communica- tion. The new rules, which took effect Jan. 1, also include a stipulation that: "The court may not use the availability of electronic communication as a factor in support of a removal of a child by the custodial parent from Illinois." 3,000 Canadian law fi rms have in common? What do more than They have all entrusted DIVORCEmate One to process their family law practice needs, using Forms One for intricate court forms, Precedents One for comprehensive domestic contracts and Tools One for sophisticated fi nancial, guideline and cash fl ow analysis. Visit www.divorcemate.com today for your 30-day trial version of DIVORCEmate One! DIVORCEmate One...From Marriage Contracts to Divorce Judgments and Everything in Between. a product of Toll Free: 1-800-653-0925 or 416-718-3461 x446 e: sales@divorcemate.com www.divorcemate.com Evidence in Family Law This practical book examines the rules of evidence as they pertain to family law. Written by top lawyers in the field, it covers areas such as evidence of children, assessment and use of expert evidence, electronic evidence and more. ORDER your copy today Looseleaf & binder • May 2010 • Approx. $225 Releases invoiced separately (1/yr) P/C 0243030000 • ISSN 1920-9258 For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. NIMAN_Evidence in Family Law (CL 1-4sq).indd 1 ntitled-4 1 2/22/10 3:51:48 PM www. C ANADIAN Law ye rmag.com M ARCH 2010 51 2/10/10 11:16:58 AM H arold Niman and contributors