The Divorce Act Changes Explained

Relocation

Costs relating to exercise of parenting time
(Section 16.95, Divorce Act)

New section

Costs relating to exercise of parenting time

16.95 If a court authorizes the relocation of a child of the marriage, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child.
Old section

None.

What is the change

When a relocation is permitted, the court has the authority to decide that costs  associated with exercising parenting time can be divided between the parties. 

Reason for the change

A relocation can result in a significant increase in travel costs for the non-relocating parent. The costs might include the cost of gas, mileage or bus, train or plane tickets. The court can determine how to allocate these increased costs.

When

March 1, 2021.