The Divorce Act Changes Explained

Duties – Parties to a proceeding

Protection of children from conflict
(Section 7.2, Divorce Act)

New section

Protection of children from conflict

7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.
Old section


What is the change

This amendment requires parties - to the extent possible - to shield children from conflict related to issues being decided under the Act.

Reason for the change

Research indicates that children’s well-being suffers if they witness conflict between parents during and after a separation or divorce. In the best interests of the child, parents must try to shield children from conflict as much as possible. Of course, some level of conflict is common between divorcing spouses and it can be difficult to shield children completely. As a result, parties are required only to do their best.


March 1, 2021.