The Divorce Act Changes Explained
Best interests of the child
Plans for child's care
(Section 16(3)(g), Divorce Act)
(g) any plans for the child’s care;
None.
What is the change
The court must consider how parents plan to care for their children post-divorce.
Reason for the change
Parents are generally in the best position to identify what is best for their children. A key objective of the amendments is to encourage parents to develop parenting arrangements with as little intervention by the courts as possible.
A parenting plan is an effective and increasingly common tool used by many parents, mediators and lawyers. For example, Justice Canada has a Parenting Plan Tool available on its website. It provides sample clauses to assist in drafting parenting plans.
If parties agree to a parenting plan, the court must include its provisions in the parenting or contact order, unless the court finds that doing so is not in the best interests of the child.
Parents can also express their plans for parenting in other ways, such as through pleadings or affidavits.
When
March 1, 2021.
- Date modified: