The Divorce Act Changes Explained

Variation, rescission, suspension

Variation order
(Section 17(1), Divorce Act)

New section

Subsections 17(1) to (3) of the Act are replaced by the following:

Variation order

17 (1) A court of competent jurisdiction may make an order varying, rescinding or suspending, retroactively or prospectively,

(a) a support order or any provision of one, on application by either or both former spouses;

(b) a parenting order or any provision of one, on application by

  1. either or both former spouses, or
  2. a person, other than a former spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent; or
(c) a contact order or any provision of one, on application by a person to whom the order relates.
Old section

Variation, Rescission or Suspension of Orders

Order for variation, rescission or suspension

17 (1) A court of competent jurisdiction may make an order varying, rescinding or suspending, prospectively or retroactively,

(a) a support order or any provision thereof on application by either or both former spouses; or

(b) a custody order or any provision thereof on application by either or both former spouses or by any other person.

What is the change

This amendment to s 17(1) of the Divorce Act introduces new language related to parenting.

Reason for the change

To emphasize the best interests of the child, the Divorce Act now features concepts and words that focus on relationships with children, such as parenting and contact. The term “parenting order” replaces “custody order” throughout the Act, for instance. Similarly, the term “contact order” describes an order that sets out time for children to spend with important people who are not in a parental role, such as grandparents. The court can vary contact orders in the same manner as it does other orders.

When

March 1, 2021.