The Divorce Act Changes Explained


Power of court – interim order
(Section 16.94, Divorce Act)

New section

Power of court — interim order

16.94 A court may decide not to apply subsections 16.93(1) and (2) if the order referred to in those subsections is an interim order.
Old section


What is the change

For interim orders, the court can disregard the burden of proof requirements included in s 16.93.

Reason for the change

In practice, interim orders vary considerably. For example, some are intended to be short-lived so that parents can have arrangements clearly set out while they proceed toward a final order. In other cases, interim orders in effect act as final orders because parents opt not to pursue a final order.

The burden of proof requirements are intended to apply to situations where the parties have agreed, or the court has made a final determination about the best arrangement for the child. As a result, when an interim order is intended to be short-lived, the court can choose not to apply the burden of proof requirements.


March 1, 2021.