The Divorce Act Changes Explained

Best interests of the child

Child's cultural, linguistic, religious and spiritual upbringing and heritage including Indigenous upbringing and heritage
(Section 16(3)(f), Divorce Act)

New section

(f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;

Old section

None.

What is the change

When deciding on parenting arrangements, the court must consider the child’s cultural, linguistic, religious and spiritual upbringing and heritage.

Reason for the change

A child’s culture or religion may provide an added support system for the child. A parent’s ability to maintain and promote the child’s understanding of, and link to, the child’s cultural, linguistic and religious heritage, as well as the potential for a child to develop their own cultural identity and self-esteem, may be important factors for a court to consider.

For example, in the case of Indigenous children, there may be parenting arrangements that reflect cultural aspects of Indigenous communities, such as the involvement of extended family.

The weight to be given to such factors would depend on their importance to a particular child’s well-being.

When

March 1, 2021.