The Divorce Act Changes Explained

Relocation

Factor not to be considered
(Section 16.92(2), Divorce Act)

New section

Factor not to be considered

(2) In deciding whether to authorize a relocation of the child, the court shall not consider, if the child’s relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate.
Old section

None.

What is the change

This provision would prohibit courts from considering whether a party seeking to relocate would proceed with the relocation or not relocate if they were not permitted to bring the child.

Reason for the change

Parents seeking to relocate with their children are sometimes required to answer in court the difficult question of whether or not they would proceed with a relocation if they were not permitted to bring their children. A response of “I won’t relocate without my child” may be interpreted as evidence that the proposed relocation is not sufficiently important and should not be permitted. A response of “I would relocate without my child” may be interpreted as evidence that the parent is not sufficiently devoted to the child.

This provision would prohibit courts from considering this question – or the parent’s response – if raised in the context of the court proceedings. This will assist in focusing on the specific legal issue before the court. 

When

March 1, 2021.