The Divorce Act Changes Explained


Custody and custody order
(Section 2(1), Divorce Act)

New section

The definitions custody and custody order in subsection 2(1) of the Divorce Act are repealed.

Old section

2 (1) In this Act,

custody includes care, upbringing and any other incident of custody; (garde)

custody order means an order made under subsection 16(1); (ordonnance de garde)

What is the change

The amendment removes the definitions of custody and custody order from the Act.

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 time, decision-making responsibility 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.


March 1, 2021.