The Divorce Act Changes Explained

Contact Orders

Prohibition on removal of child
(Section 16.5(8), Divorce Act)

New section

Prohibition on removal of child

(8) The order may provide that a child shall not be removed from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.
Old section

None.

What is the change

The court can include what is often called a “non-removal clause” in a contact order. Such clauses prohibit the removal of a child from a specified geographic area without appropriate consent.

Reason for the change

Non-removal clauses are a tool that may be used in exceptional circumstances to help prevent parental child abduction. This section, along with the non-removal provision for parenting orders, can help to ensure that where there is a risk of abduction, those with parenting orders and contact orders can be prohibited from removing a child.

When

March 1, 2021.