The Divorce Act Changes Explained

Miscellaneous

Recognition of foreign order that varies parenting or contact order
(Section 22.1(1), Divorce Act)

New section

The portion of subsection 22.1(1) of the Act before paragraph (a) is replaced by the following:

Recognition of foreign order that varies parenting or contact order

22.1 (1) Subject to sections 30 to 31.3, on application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless
Old section

None.

What is the change

The addition of the words “subject to sections 30 to 31.3” clarifies that this section applies only when the provisions of the Act related to the 1996 Convention on the Protection of Children do not apply.

Reason for the change

Once the provisions related to the 1996 Convention on the Protection of Children (ss 30 to 31.3) come into force, the Convention’s rules about the recognition of foreign orders apply to cases subject to the Convention.

For cases not subject to the Convention, however, the general provisions related to the recognition of foreign orders continue to apply. An example is a foreign order made in a country that is not a State Party to the Convention.

The 1996 Convention is not yet in force.

When

The change will come into force by Order in Council.