The Divorce Act Changes Explained

Parenting Orders

Interim order
(Section 16.1(2), Divorce Act)

New section

Interim order

(2) The court may, on application by a person described in subsection (1), make an interim parenting order in respect of the child, pending the determination of an application made under that subsection.
Old section

Interim order for custody

(2) Where an application is made under subsection (1), the court may, on application by either or both spouses or by any other person, make an interim order respecting the custody of or the access to, or the custody of and access to, any or all children of the marriage pending determination of the application under subsection (1).

What is the change

A person who may apply for a parenting order may also apply for an interim parenting order.

Reason for the change

With the introduction of parenting orders, this change is needed to ensure consistency of language. As with parenting orders, only spouses and those currently in, or seeking, a parental role can apply for an interim parenting order. Others must apply for a contact order or interim contact order.


March 1, 2021.