The Divorce Act Changes Explained
Contact Orders
Leave of the court
(Section 16.5(3), Divorce Act)
Leave of the court
(3) A person may make an application under subsection (1) or (2) only with leave of the court, unless they obtained leave of the court to make an application under section 16.1.Application by other person
(3) A person, other than a spouse, may not make an application under subsection (1) or (2) without leave of the court.What is the change
A non-spouse must obtain leave of the court to apply for a final or interim contact order. This is not necessary if they have already obtained leave under the parenting order leave provision, s 16.1(3).
Reason for the change
While spouses are usually the only parties in a proceeding under the Act, this amendment allows for exceptions to be made in some cases where someone close to the child seeks a contact order. A court would assess whether to allow someone to bring a contact order application on a case-by-case basis. In deciding whether to grant leave, the court must consider all relevant factors, including the strength of the child’s relationship with the applicant.
A non-spouse who was previously granted leave to apply for a parenting order but was denied a parenting order would not have to also apply for leave to seek a contact order. This reduces the burden on those seeking contact orders by limiting the steps for which court intervention is needed.
When
March 1, 2021.
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