The Divorce Act Changes Explained

Parenting Orders

Contents of parenting order
(Section 16.1(4), Divorce Act)

New section

Contents of parenting order

(4) The court may, in the order,

(a) allocate parenting time in accordance with section 16.2;

(b) allocate decision-making responsibility in accordance with section 16.3;

(c) include requirements with respect to any means of communication, that is to occur during the parenting time allocated to a person, between a child and another person to whom parenting time or decision-making responsibility is allocated; and

(d) provide for any other matter that the court considers appropriate.
Old section

None.

What is the change

This provision sets out the general content of a parenting order, including decision-making responsibilities, parenting time and communications. The court can also include any matter that it deems appropriate in a parenting order.

Reason for the change

This provision identifies the main components of a parenting order.

Section 16.1(4)(a) relates to parenting time, which is the period of time that the child spends in the care of a person under a parenting order, whether or not the child would be physically with that person during all of that period.

Section 16.1(4)(b) relates to decision-making responsibility, which is responsibility for making significant decisions about the child’s well-being, including with respect to health and education. Section 16.3 provides the court guidance on the many ways that this responsibility can be shared or divided.

Section 16.1(4)(c) relates to communications between a parent (or someone else with parenting time or decision-making responsibility) and a child outside of that person’s parenting time. For example, in some cases, courts might make orders with respect to telephone calls, texts or videoconferences (such as Skype or FaceTime) between a parent and a child when the child is under the care of another parent. The court may order that this communication is to occur and/or specify when it is to occur. These types of orders generally aim to help maintain relationships between children and parents when they are apart.

Section 16.1(4)(d) authorizes the court to include anything else in a parenting order that it considers appropriate. For example, the court may order that the child participate in a hockey camp for two weeks each year.

When

March 1, 2021.