The Divorce Act Changes Explained

Relocation

Best interests of child – additional factors to be considered

Impact of the relocation on the child
(Section 16.92(1)(b), Divorce Act)

New section

(b) the impact of the relocation on the child;

Old section

None.

What is the change

As part of its analysis of the best interests of the child in a proposed relocation, the court must consider the impact on the child.

Reason for the change

Understanding the impact of a relocation on the child is essential to an assessment of the best interests of the child. The court may, for example, compare the advantages and disadvantages to the child of the proposed relocation.

When

March 1, 2021.