The Divorce Act Changes Explained

Jurisdiction

Transfer
(Section 6.2(2), Divorce Act)

New section

Transfer

(2) If the court in the province in which the child was habitually resident immediately before the removal or retention is satisfied that any of paragraphs (1)(a) to (c) apply,

(a) the court shall transfer the application to the court in the province in which the child is present; and

(b) the court may transfer any other application under this Act in respect of the parties to the court in the province in which the child is present.
Old section

None.

What is the change

The amendment sets out the steps a court in the province of the child’s habitual residence must take if it determines that a court in another province should hear a parenting application.

Specifically, if a court determines that another court should hear the application, it must transfer the application to that other court. The court could also, if appropriate, transfer any related applications, such as for child or spousal support.

Reason for the change

Decisions about parenting for a child should generally be made where the child habitually resides. The considerations for making support orders differ from those for parenting orders. To promote access to justice and judicial efficiency if a parenting matter is transferred, courts have the discretion to determine, on a case-by-case basis, where any related support applications should be heard.

When

March 1, 2021.