The Divorce Act Changes Explained
Interjurisdictional proceedings
Order
(Section 18.1(15), Divorce Act)
New section
Order
(15) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.Old section
None.
What is the change
The court can make an order based on the evidence submitted by the applicant and the respondent, as permitted by the rules of court in the respondent’s jurisdiction.
Reason for the change
The amendment supports the efficiency of the application-based process. The amendment also
- provides the court flexibility as to how evidence may be submitted
- facilitates the applicant’s participation in hearings by allowing the court to use any means of telecommunication permitted by the court rules
- minimizes the disadvantage faced by an applicant who resides in another province
When
March 1, 2021.
- Date modified: