The Divorce Act Changes Explained

Jurisdiction

Jurisdiction – application for contact order
(Section 6.1(1), Divorce Act)

New section

The Act is amended by adding the following after section 6:

Jurisdiction – application for contact order

6.1 (1) If a court in a province is seized of an application for a parenting order in respect of a child, the court has jurisdiction to hear and determine an application for a contact order in respect of the child.
Old section

None.

What is the change

The amendment sets out jurisdictional requirements for parties seeking contact orders. If a parenting proceeding is underway, the application for a contact order must be brought to the court hearing the proceeding. Section 6.1(2) addresses situations without an ongoing parenting proceeding.

Reason for the change

The change conserves judicial resources, promotes access to justice and ensures that courts have the evidence needed to make contact orders.

When

March 1, 2021.