The Divorce Act Changes Explained

Parenting Orders

Entitlement to information
(Section 16.4, Divorce Act)

New section

Entitlement to information

16.4 Unless the court orders otherwise, any person to whom parenting time or decision-making responsibility has been allocated is entitled to request from another person to whom parenting time or decision-making responsibility has been allocated information about the child’s well-being, including in respect of their health and education, or from any other person who is likely to have such information, and to be given such information by those persons subject to any applicable laws.
Old section

Access

(5) Unless the court orders otherwise, a spouse who is granted access to a child of the marriage has the right to make inquiries, and to be given information, as to the health, education and welfare of the child.

What is the change

Any person with parenting time or decision-making responsibility can ask for information about the child’s well-being from anyone else with parenting time or decision-making responsibility, and from anyone else likely to have information about the child.

Reason for the change

This amendment updates language to align with the concepts of “parenting time” and “decision-making responsibility.” It also clarifies that someone with parenting time or decision-making responsibility is entitled to request and receive information about the child’s well-being from anyone else with parenting time or decision-making responsibility for the same child. They can also seek relevant information directly from third parties, such as doctors, schools and others. However, a court may limit this general entitlement to information. This entitlement is also subject to applicable laws, such as, for example, a provincial law that restricts physicians’ ability to share the personal health information of a mature minor.

When

March 1, 2021.