The Divorce Act Changes Explained


No notice
(Section 35.6, Divorce Act)

New section

No notice

35.6 A person who is deemed under section 35.4, to be a person to whom parenting time or decision-making responsibility has been allocated is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence by the person or a child to whom the order relates.
Old section


What is the change

The amendment provides an exception to the notice requirements related to relocation.

Reason for the change

In some situations, particularly those involving family violence, a court may order that no notice is required if a parent chooses to move with their child. Such provisions may be included for the safety of the party and/or the child. It is necessary to ensure that the notice provisions do not automatically apply to persons with these types of provisions in their existing orders.


March 1, 2021.