Malin Ackerman’s Husband Files for Divorce

Just a few weeks ago,
US Weekly reported that actress Malin Ackerman and husband Roberto Zincone had officially separated. The news came as a surprise to many, as the couple gave birth to their
first child, son Sebastian, just 7 months ago.

Now,
TMZ is reporting that Zincone has filed for divorce in Los Angeles. No further details regarding Zincone’s claims are known at this time.

Swedish-Canadian actress, singer, and model, Ackerman is best known for
her roles as Silk Spectre II in
Watchmen and Eva in
Wanderlust. She currently stars in ABC’s sitcom,
Trophy Wife. According to sources, the actress met Zincone, in 2003 when she was the
lead singer of The Patalstones, a band in which Zincone served as drummer.
The couple married in Italy on June 20, 2007.

While questions remain as to the cause of the marriage breakdown and the
reason for Zincone’s filing, there is no doubt that custody of their
young son will be at issue.

In Ontario, custody and access is decided by looking solely at the best
interests of the child. Section 24(2) of the
Children’s Law Reform Act (CLRA) lays out the criteria a court shall consider in determining the best interest
of the child, including:

1. the love, affection and
   emotional ties between the child and,
   
   1. each
   person entitled to or
   claiming custody of or access to the child,
   
   2. other members of the child’s
   family who reside with the child, and
   
   3. persons
   involved in the child’s care and upbringing;

2. the
   child’s views and preferences, if they can reasonably be ascertained;
3. the
   length of time the child has lived in a stable home environment;
4. the
   ability and willingness of each person applying for custody of the child to
   provide the child with guidance and
   education, the
   necessaries of life and any special needs of the child;
5. the
   plan proposed by each person applying for custody of or access to the child
   for the child’s
   care and upbringing;
6. the
   permanence and stability of the family unit with which it is proposed that the child will live;
7. the
   ability of each person applying for custody of or access to the child to
   act as a parent; and
8. the
   relationship by blood or through an adoption order between the child and each person
   who is a party to the application.

These days, mothers are no longer favoured to raise young children simply
by virtue of their gender.

Twenty-twenty-five years ago, however, the courts were cognizant of the
“tender years presumption” (TYP) in determining custody of young
children. In effect, the TYP stipulates that mothers are better equipped
to care for children under the age of seven.

While s.21(1) of the
CLRA reflects a shift in societal attitudes, namely that mothers and fathers
are equally entitled to custody of the child, the TYP is still influential
in the minds of some judges (but has been rejected as a matter of law).
Moreover, since the introduction of the
Charter, there is a strong argument that the TYP violates equality rights on the
grounds of gender bias.