The Divorce Act Changes Explained


Variation of orders previously made
(Section 35.8, Divorce Act)

New section

Variation of orders previously made

35.8 An order made before the day on which this section comes into force under subsection 16(1), as that subsection read immediately before that day, or an order made in proceedings disposed of by the court in the manner described in section 35.3, may, as of that day, if it is still in effect, be varied, rescinded or suspended in accordance with section 17, as amended by section 13 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement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, as if the order were a parenting order or contact order.
Old section


What is the change

The amendment sets out that existing custody orders (which would include orders for access) may, following the coming into force of the amendments, be varied in accordance with the amended variation provisions.

Reason for the change

Although the coming into force of Bill C-78 does not, in and of itself, constitute a change in circumstances justifying a variation to an existing custody order (see s 35.7), some parties would, over time, need to vary custody orders made under the Act. This provision allows them to do so.


March 1, 2021.