The Divorce Act Changes Explained
Best interests of the child
Communicate and cooperate
(Section 16(3)(i), Divorce Act)
(i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;
None.
What is the change
The court must consider the ability and willingness of the parties to communicate and cooperate on matters related to the child.
Reason for the change
Children benefit when their parents cooperate and communicate. Parents who cooperate and communicate are more likely to manage flexible parenting arrangements and joint decision-making about their children.
Flexible arrangements may not be appropriate for parents unable or unwilling to cooperate or communicate with each other. In these situations, parents may need detailed agreements or orders specifying the arrangements for the children. These orders or agreements make it less likely that children will be exposed to conflict between their parents.
When
March 1, 2021.
- Date modified: