The Divorce Act Changes Explained

Parenting Orders

Family dispute resolution process
(Section 16.1(6), Divorce Act)

New section

Family dispute resolution process

(6) Subject to provincial law, the order may direct the parties to attend a family dispute resolution process.
Old section

None.

What is the change

The court can include in a parenting order a requirement to participate in a family dispute resolution process.

Reason for the change

This amendment aims to encourage parties to attempt to resolve disputes through a “family dispute resolution process,” such as mediation, negotiation or collaborative law. Since provinces and territories are responsible for the delivery of most family justice services, the court’s authority to direct parties to these processes is subject to provincial law. The court may, for example, order that for future disputes, the parties attempt some form of family dispute resolution before bringing the matter to court.

When

March 1, 2021.