The Divorce Act Changes Explained

Relocation

Application without notice
(Section 16.96(4), Divorce Act)

New section

Application without notice

(4) An application referred to in subsection (3) may be made without notice to any other party.
Old section

None.

What is the change

An application to waive or modify the notice requirements can be made without notice to any other party.

Reason for the change

In some cases, requiring notice of an application for exemption from the notice requirements may not be appropriate. Therefore, applications can be made on an ex parte basis, meaning without notice to other parties. When an ex parte application is made, the court would decide whether proceeding without notifying other parties is appropriate.

When

March 1, 2021.