The Divorce Act Changes Explained

Duties – Court

Purpose of section
(Section 7.8(1), Divorce Act)

New section


Purpose of section

7.8 (1) The purpose of this section is to facilitate

(a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with an order under this Act; and

(b) the coordination of proceedings.
Old section


What is the change

The amendment aims to improve coordination and communication among various legal proceedings.

Reason for the change

Families sometimes become involved with multiple parts of the justice system at the same time. This is often true in cases of family violence, when the criminal justice system, the child protection system and the family justice system may be involved. Coordinating the involvement of these systems can be challenging, as documented in the Federal Provincial Territorial report Making the Links in Family Violence Cases: Collaboration among the Family, Child Protection and Criminal Justice Systems (“Making the Links”). For example, if a family court is unaware of a criminal order that prohibits contact between the parties, it might make a conflicting parenting order that makes it difficult to enforce the other order, confuses the parties and creates safety risks.


March 1, 2021.