The Divorce Act Changes Explained

Parenting Orders

Supervision
(Section 16.1(8), Divorce Act)

New section

Supervision

(8) The order may require that parenting time or the transfer of the child from one person to another be supervised.
Old section

None.

What is the change

The court can include in a parenting order that the transfer of the child from one person to another must be supervised and/or that parenting time must be supervised.

Reason for the change

Supervision can help to protect the safety of family members. A court might require supervision during the transfer of the child from one parent to another if it has concerns about the safety of the child or of either parent. In some cases, a parent might not be safe in the other’s presence, or the child could be exposed to high levels of conflict during a transfer. A court can also require that parenting time be supervised, particularly if there are concerns about a child’s safety. A court might also order supervision when an individual and a child are being reintroduced to one another after a significant period apart. The court would order such supervision when it is in the best interests of the child.

When

March 1, 2021.