The Divorce Act Changes Explained

Best interests of the child

Physical, emotional and psychological harm or risk of harm to the child
(Section 16(4)(d), Divorce Act)

New section

(d) the physical, emotional and psychological harm or risk of harm to the child;

Old section

None.

What is the change

The court must consider the physical, emotional and psychological harm, or risk of harm, to the child due to family violence.

Reason for the change

The court must consider the various types of harm that a child has suffered or could suffer as a result of family violence, which may impact on parenting arrangements and also indicate a need for services such as counseling. The word “risk” is used because harm is not always immediately apparent after the family violence has occurred.

When

March 1, 2021.