The Divorce Act Changes Explained

Jurisdiction

Child habitually resident outside Canada
(Section 6.3(1), Divorce Act)

New section

Subsection 6.3(1) of the Act is replaced by the following:

Child habitually resident outside Canada

6.3 (1) Subject to sections 30 to 31.3, if a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.
Old section

None.

What is the change

This amendment adds “subject to sections 30 to 31.3” to ensure that the provision applies only when the provisions of the 1996 Convention on the Protection of Children do not apply.

Reason for the change

The provisions of the 1996 Convention on the Protection of Children have yet to come into force in Canada. Once they do come into force, the words “subject to sections 30 to 31.3” will be included in this provision. This section would apply when the child is not habitually resident in Canada, but the 1996 Convention does not apply. This could happen, for example, if the child is habitually resident in a country that is not a party to the 1996 Convention. If the 1996 Convention is applicable, this section would not apply.

When

The change will come into force by Order in Council.