The Divorce Act Changes Explained

Change in Place of Residence

Exception
(Section 16.8(3), Divorce Act)

New section

Exception

(3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections do not apply or may modify them, including where there is a risk of family violence.
Old section

None.

What is the change

The court can waive or modify the requirement to provide notice of a change in place of residence.

Reason for the change

In exceptional cases, such as when the child or a family member’s safety is at risk, it may not be appropriate for the court to require notice of a change of residence. Courts therefore have discretion to make any necessary changes to notice requirements, including waiving the notice requirement or changing the content of the required notice.

When

March 1, 2021.