The Divorce Act Changes Explained
Prohibition on removal of child
(Section 16.1(9), Divorce Act)
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.
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).
March 1, 2021.
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