The Divorce Act Changes Explained

Contact Orders

Interim order
(Section 16.5(2), Divorce Act)

New section

Interim order

(2) The court may, on application by a person referred to in subsection (1), make an interim order providing for contact between that person and the child, pending the determination of the application made under that subsection.
Old section

Interim order for custody

(2) Where an application is made under subsection (1), the court may, on application by either or both spouses or by any other person, make an interim order respecting the custody of or the access to, or the custody of and access to, any or all children of the marriage pending determination of the application under subsection (1).

What is the change

The court can make an interim contact order setting out contact arrangements between the child and a non-spouse pending the final determination of the matter.

Reason for the change

This amendment reflects the new concept of “contact orders” and allows a court to order temporary contact arrangements that would be in place until a court makes a final decision on a contact order application.

When

March 1, 2021.