The Divorce Act Changes Explained

Miscellaneous

Person deemed to have contact order
(Section 35.5, Divorce Act)

New section

Person deemed to have contact order

35.5 If, immediately before the day on which this section comes into force, a person who is not a spouse or former spouse had access to a child by virtue of a custody order made under this Act, then, as of that day, unless a court orders otherwise, that person is deemed to be a person who has contact with the child under a contact order.
Old section

None.

What is the change

The amendment deems all non-spouses with access to a child under an existing custody order to be persons with a contact order under the amended Act.

Reason for the change

The amendment translates the terminology of existing custody orders (which may include orders for access) into the new language used in the Act.

When

March 1, 2021.