The Divorce Act Changes Explained
Application without notice
(Section 16.9(4), Divorce Act)
Application without notice(4) An application referred to in subsection (3) may be made without notice to any other party.
What is the change
An application to waive or modify the requirements for notice of a relocation 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.
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