The Divorce Act Changes Explained
No change in circumstances
(Section 35.7, Divorce Act)
No change in circumstances35.7 For the purposes of subsection 17(5), as enacted by subsection 13(2) of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, the coming into force of that Act does not constitute a change in the circumstances of the child.
What is the change
The amendment clarifies that the coming into force of the amendments to the Actdoes not constitute a change in circumstances for the child, and thus does not, on its own, justify seeking a variation to an existing custody or access order.
Reason for the change
The amendments related to parenting provisions are intended to provide guidance to courts in making parenting decisions in the best interests of the child, not to create such substantive changes to the law of parenting that existing orders would be invalidated. If, in addition to the coming into force of the amendments, there is a significant change in the life of a child, parties will be able to apply to a court to vary an existing order.
March 1, 2021.
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