The Divorce Act Changes Explained


Best interests of child – additional factors to be considered

Compliance with obligations
(Section 16.92(1)(g), Divorce Act)

New section

(g) whether each person who has parenting time or decision-making responsibility or a pending application for a parenting order has complied with their obligations under family law legislation, an order, arbitral award, or agreement, and the likelihood of future compliance.

Old section


What is the change

As part of its analysis of the best interests of the child in a proposed relocation, the court must consider whether each person who has or is seeking a parenting order complies with family law obligations and is likely to comply with future obligations.

Reason for the change

Compliance with family law obligations is relevant to the court’s consideration of a proposed relocation. For example, if a person proposing a relocation has consistently refused to allow the other parent to be with the child during court-ordered parenting time, this is relevant to a court’s determination of whether they are likely to comply with new parenting arrangements. On the other hand, it would also be relevant if a parent who has consistently refused to pay child support opposes a move that would allow the other parent to take a job promotion with a higher salary.


March 1, 2021.