The Divorce Act Changes Explained
(Section 35.6, Divorce Act)
No notice35.6 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.
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.
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