The Divorce Act Changes Explained
Jurisdiction
Federal Court
(Section 6.2(3), Divorce Act)
(3) If after the child’s removal from or retention in a province, two proceedings are commenced on the same day as described in subsection 3(3), 4(3) or 5(3), this section prevails over those subsections and the Federal Court shall determine which court has jurisdiction under this section. A reference in this section to “court in the province in which the child was habitually resident” is to be read as “Federal Court”.
None.
What is the change
The amendment clarifies that if proceedings are brought on the same day in two different provinces, the factors to consider when determining which court has jurisdiction are subject to s 6.2(1). In such cases, instead of the court where the child habitually resides, the Federal Court would determine, if appropriate, that a court where the child is located should hear an application for a parenting order if there has been a removal or retention. The power to determine that a court in the new jurisdiction is better placed to hear and determine a parenting application (assigned to the court of the child’s habitual residence under s 6.2(1)(c)) would, in such cases, be assigned to the Federal Court.
Reason for the change
In cases of alleged wrongful removal or retention, it may be more common for two applications to be filed in two different provinces on the same day. Without this amendment, parents filing applications in two different provinces on the same day would not be subject to the removal and retention rules.
When
March 1, 2021.
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