The Divorce Act Changes Explained

Relocation

Best interests of child – additional factors to be considered

Compliance with notice requirements
(Section 16.92(1)(d), Divorce Act)

New section

(d) whether the person who intends to relocate the child complied with any applicable notice requirement under section 16.9, provincial family law legislation, an order, arbitral award, or agreement;
Old section

None.

What is the change

As part of its analysis of the best interests of the child in a proposed relocation, the court must consider whether the person who intends to relocate the child has complied with the applicable notice requirements (s 16.9), provincial family laws, orders, arbitral awards and relevant agreements.

Reason for the change

How well a parent follows relevant obligations, such as the notice requirements set out in the Act, may reflect the importance they assign to the child’s relationship with the other parent. It may also provide information about the likelihood that they will comply with future orders. While this is only one factor among many for the court to consider, it creates an incentive for parents to comply with notice requirements.

When

March 1, 2021.