The Divorce Act Changes Explained

Parenting Orders

Prohibition on removal of child
(Section 16.1(9), Divorce Act)

New section

Prohibition on removal of child

(9) The order may prohibit the removal of a child from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.
Old section

None.

What is the change

The court can include what is often called a “non-removal clause” in a parenting order. Such clauses prohibit the removal of a child from a specified geographic area without appropriate consent.

Reason for the change

Non-removal clauses are a tool that may be used in exceptional circumstances to help prevent parental child abduction. Such orders would clarify for parents and third parties that a parent is not authorized to travel with a child outside of the identified geographic area (ex. a province or Canada).

When

March 1, 2021.