The Divorce Act Changes Explained
Burden of proof – person who intends to relocate child
(Section 16.93(1), Divorce Act)
Burden of proof — person who intends to relocate child16.93 (1) If the parties to the proceeding substantially comply with an order, arbitral award, or agreement that provides that a child of the marriage spend substantially equal time in the care of each party, the party who intends to relocate the child has the burden of proving that the relocation would be in the best interests of the child.
What is the change
When parents spend substantially equal time with a child pursuant to an order, arbitral award or agreement, and they generally comply with that order, award or agreement, it is up to the parent seeking a relocation to prove that the relocation is in the best interests of the child.
Reason for the change
Under the circumstances described in this section, a relocation is likely to have a very significant impact on the relationship between the child and the non-relocating parent. The parent proposing the relocation must demonstrate to the court that, despite this impact, relocation is in the best interests of the child.
March 1, 2021.
Report a problem on this page
- Date modified: