The Divorce Act Changes Explained

Conversion of Applications

Exception
(Section 18.2(3), Divorce Act)

New section

Exception

(3) If the application under paragraph 17(1)(a) is accompanied by an application under paragraph 17(1)(b) for a variation order in respect of a parenting order, the court that receives the request shall issue the direction referred to in subsection (2) only if it considers it appropriate to do so in the circumstances.
Old section

None.

What is the change

When the court receives a support variation application made under s 17 accompanied by an application to vary a parenting order, the court is not required to automatically convert the s 17 application to an inter-jurisdictional application. The court has the discretion to deny the conversion to an inter-jurisdictional application.

Reason for the change

In some situations, the court may consider it more appropriate that all proceedings take place in the jurisdiction where the child habitually resides rather than in the jurisdiction where the respondent resides. Parenting orders and child support orders are often related, and decisions on parenting arrangements may affect child support orders.

When

March 1, 2021.