The Divorce Act Changes Explained

Variation, rescission, suspension

Variation order
(Section 17(5.1), Divorce Act)

New section

Variation order

(5.1) For the purposes of subsection (5), a former spouse’s terminal illness or critical condition shall be considered a change in the circumstances of the child, and the court shall make a variation order in respect of a parenting order with regard to the allocation of parenting time.

Old section

Variation order

(5.1) For the purposes of subsection (5), a former spouse’s terminal illness or critical condition shall be considered a change of circumstances of the child of the marriage, and the court shall make a variation order in respect of access that is in the best interests of the child.

What is the change

This amendment to s 17(5.1) 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.

This amendment simply replaces the former language related to custody with the new terms. Under s 16, variation orders must be in the best interests of the child.

When

March 1, 2021.