The Divorce Act Changes Explained

Relocation

Exception
(Section 16.9(3), Divorce Act)

New section

Exception

(3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or may modify them, including where there is a risk of family violence.
Old section

None.

What is the change

In appropriate circumstances, the court can waive or modify the relocation notice requirements set out in the Act or regulations.

Reason for the change

In exceptional cases, such as due to family violence, it may be appropriate for a court to waive or modify relocation notice requirements. The court may decide that a longer or shorter period of notice is appropriate, for example, or that it is inappropriate for an individual to know the location of the residence of the child or the parent.

When

March 1, 2021.