The Divorce Act Changes Explained

Contact Orders

Factors in determining whether to make order
(Section 16.5(4), Divorce Act)

New section

Factors in determining whether to make order

(4) In determining whether to make a contact order under this section, the court shall consider all relevant factors, including whether contact between the applicant and the child could otherwise occur, for example during the parenting time of another person.
Old section

None.

What is the change

When determining whether to make a contact order, the court must consider all relevant factors, including whether the contact could occur during the parenting time of another person, meaning that a contact order would be unnecessary.

Reason for the change

The courts should only make orders when they are necessary to ensure the best interests of the child. Since it is preferable if the parties are able to agree on arrangements for the involvement of non-spouses in the life of a child without a court order, courts must consider whether a person seeking a contact order could have contact with the child during the parenting time of another person.

When

March 1, 2021.