The Divorce Act Changes Explained

Relocation

Notice – significant impact
(Section 16.96(2), Divorce Act)

New section

Notice — significant impact

(2) If the change is likely to have a significant impact on the child’s relationship with the person, the notice shall be given at least 60 days before the change in place of residence, in the form prescribed by the regulations, and shall set out, in addition to the information required in subsection (1), a proposal as to how contact could be exercised in light of the change and any other information prescribed by the regulations.
Old section

None.

What is the change

When a person with contact with the child plans to move, and the move is likely to have a significant impact on their relationship with the child, the person must, at least 60 days before the planned move, provide notice using a standard form and explain how contact might change in light of the move.

Reason for the change

A move by a person with contact that is likely to have a significant impact on their relationship with the child may affect parenting arrangements, including the child’s schedule. The 60-day period provides time for the parties to discuss potential changes to the schedule and resolve any issues. If the parties cannot resolve issues, an application to vary the contact order can be made to the court.

When

March 1, 2021.