The Divorce Act Changes Explained


Family member
(Section 2(1), Divorce Act)

New section

family member includes a member of the household of a child of the marriage or of a spouse or former spouse as well as a dating partner of a spouse or former spouse who participates in the activities of the household; (membre de la famille)

Old section


What is the change

The amendment defines “family member,” a term used in the definition of “family violence”.

Reason for the change

To determine the best interests of a child, a court must consider violence involving the people who are in the child’s family or in a family-like relationship with the child. This includes people in the child’s household, in the household of one of the spouses and dating partners who participate in the activities of the household.


March 1, 2021.