The Divorce Act Changes Explained

Best interests of the child

Ability and willingness
(Section 16(3)(h), Divorce Act)

New section

(h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;

Old section

None.

What is the change

The court must consider the ability and willingness of each person to whom an order would apply to care for and meet the needs of the child.

Reason for the change

The past, present and future ability and willingness of a person to care for the child are important factors in determining the best interests of the child.

In some cases, a parent’s physical, psychological, or other limitations may raise concerns for the child’s health, safety, well-being and development. Courts must consider a person’s strengths and limitations when determining parenting arrangements or contact orders.

When

March 1, 2021.