The Divorce Act Changes Explained

Parenting Orders

Day-to-day decisions
(Section 16.2(2), Divorce Act) ;

New section

Day-to-day decisions

(2) Unless the court orders otherwise, a person to whom parenting time is allocated under paragraph 16.1(4)(a) has exclusive authority to make, during that time, day-today decisions affecting the child.

Old section

None.

What is the change

Unless a court makes a contrary order, a person allocated parenting time under s 16.1(4)(a) has sole responsibility for making day-to-day decisions about the child during their parenting time.

Reason for the change

In light of the nature of day-to-day decisions, such as bedtimes and what the child should eat, a person with parenting time should normally be able to make these decisions during their parenting time without the need to consult any other person with decision-making responsibility in relation to the child. However, a court could make specific orders about day-to-day decisions generally, or about certain day-to-day decisions, if it finds that this would be in the best interests of the child.

When

March 1, 2021.