The Divorce Act Changes Explained

Best interests of the child

Nature and strength of child's relationships
(Section 16(3)(b), Divorce Act)

New section

(b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;

Old section

None.

What is the change

The court must consider the relationship between the child and each spouse, sibling, grandparent or other person important to the child.

Reason for the change

The nature of the child’s relationship with each parent, including the nature of their relationship as it existed during the marriage, is especially relevant to parenting. In addition, the child often has important relationships with siblings, grandparents and other family members. These relationships can provide stability at a time of substantial change in the child’s life. When making decisions about parenting time and contact, courts must consider the importance of these relationships. In some cases, a contact order may be necessary.

When

March 1, 2021.