The Divorce Act Changes Explained

Best interests of the child

History of care
(Section 16(3)(d), Divorce Act)

New section

(d) the history of care of the child;

Old section

None.

What is the change

The court must consider how the child has been cared for in the past.

Reason for the change

Courts must consider the roles played by people involved in the child’s life before the divorce. For example, a court might assess a person’s knowledge of, and ability to cope with, the child’s daily routines, preferences and health-related challenges. The history of the child’s relationship with each person who applies for an order also relates to stability for the child, including continuity of care.

As with the other criteria in s 16(3), this is one factor to consider among many.

When

March 1, 2021.