The Divorce Act Changes Explained

Parenting Orders

Terms and conditions
(Section 16.1(5), Divorce Act)

New section

Terms and conditions

(5) The court may make an order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.
Old section

Terms and conditions

(6) The court may make an order under this section for a definite or indefinite period or until the happening of a specified event and may impose such other terms, conditions or restrictions in connection therewith as it thinks fit and just.

What is the change

The court can specify that the order or particular provisions of the order are valid until a specific event occurs. The court can also include any appropriate terms, conditions and restrictions in the order.

Reason for the change

To ensure that parenting arrangements are in the best interests of the child, the court can include terms, conditions or restrictions in a parenting order. For example, the court could include a requirement for counselling for a child.

When

March 1, 2021.