The Divorce Act Changes Explained

Relocation

Exception
(Section 16.96(3), Divorce Act)

New section

Exception

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

None.

What is the change

The court can waive or modify the notice requirements for a change of residence for someone with a contact order. The notice requirements include those in the Act and in regulations.

Reason for the change

In exceptional cases, such as when there has been family violence, it may be appropriate for a court to waive or modify notice requirements. The court may decide that a longer or shorter period of notice is appropriate, for example, or that certain information not be shared. The amendment allows the court to waive or modify notice requirements set out either in the Act or in regulations.

When

March 1, 2021.