The Divorce Act Changes Explained

Parenting Orders

Allocation of decision-making responsibility
(Section 16.3, Divorce Act)

New section

Allocation of decision-making responsibility

16.3 Decision-making responsibility in respect of a child, or any aspect of that responsibility, may be allocated to either spouse, to both spouses, to a person described in paragraph 16.1(1)(b), or to any combination of those persons.
Old section

None.

What is the change

The court can allocate decision-making responsibility as a whole, or in any part, solely to one person or jointly to more than one person.

Reason for the change

This amendment clarifies that a court can allocate decision-making responsibility in a variety of ways. For example, a court can allocate responsibility for decisions about the child’s health, education, religion, culture and significant extra-curricular activities to each spouse jointly, to only one spouse, or to a person, other than a spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent. The court may also allocate responsibility for some elements of decision-making, such as decisions about the child’s health and education, to one parent and allocate responsibility for other decisions, such as decisions about religion and culture, to another parent. As always, the court must base its decisions on the best interests of the child.

When

March 1, 2021.