The Divorce Act Changes Explained

Variation, rescission, suspension

Factors for parenting order or contact order
(Section 17(5), Divorce Act)

New section

Subsections 17(5) and (5.1) of the Act are replaced by the following:

Factors for parenting order or contact order

(5) Before the court makes a variation order in respect of a parenting order or contact order, the court shall satisfy itself that there has been a change in the circumstances of the child since the making of the order or the last variation order made in respect of the order, or of an order made under subsection 16.5(9).

Old section

(5) Before the court makes a variation order in respect of a custody order, the court shall satisfy itself that there has been a change in the condition, means, needs or other circumstances of the child of the marriage occurring since the making of the custody order or the last variation order made in respect of that order, as the case may be, and, in making the variation order, the court shall take into consideration only the best interests of the child as determined by reference to that change.

What is the change

This amendment to s 17(5) 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. It would no longer be necessary to specify the requirement that the variation order be in the best interests of the child because s 16 creates this requirement.

When

March 1, 2021.