The Divorce Act Changes Explained
Definitions
Relocation
(Section 2(1), Divorce Act)
relocation means a change in the place of residence of a child of the marriage or a person who has parenting time or decision-making responsibility — or who has a pending application for a parenting order — that is likely to have a significant impact on the child’s relationship with
(a) a person who has parenting time, decision-making responsibility or an application for a parenting order in respect of that child pending; or
(b) a person who has contact with the child under a contact order; (déménagement important)None.
What is the change
The amendment defines “relocation” as a move that is likely to have a significant impact on a child’s relationship with someone who has (or is applying for) parenting time, decision-making responsibility or contact.
Reason for the change
The change prioritizes the best interests of the child. Anyone who proposes a relocation must first provide a notice that includes proposed new parenting and contact arrangements. The Act also specifies the form, content and timing for notice and rules for objecting to a proposed relocation.
When
March 1, 2021.
- Date modified: