The Divorce Act Changes Explained

Change in Place of Residence

Application without notice
(Section 16.8(4), Divorce Act)

New section

Application without notice

(4) An application referred to in subsection (3) may be made without notice to any other party.
Old section


What is the change

An application to waive or modify the requirements for notice of a change in residence can be made without notifying any other party.

Reason for the change

In some cases, requiring notice of an application for exemption from the notice requirements may not be appropriate. For example, when an application is made by someone fleeing family violence, providing notice to other parties may create a serious safety risk. Therefore, applications can be made on an ex parte basis, meaning without notice to other parties. When an ex parte application is made, the court would decide whether proceeding without notifying other parties is appropriate.


March 1, 2021.