The Divorce Act Changes Explained

Variation, rescission, suspension

Leave of the court
(Section 17(2), Divorce Act)

New section

Leave of the court

(2) A person to whom the parenting order in question does not relate may make an application under subparagraph (1)(b)(ii) only with leave of the court.
Old section

Application by other person

(2) A person, other than a former spouse, may not make an application under paragraph (1)(b) without leave of the court.

What is the change

This amendment to s 17(2) of the Divorce Act introduces new language related to parenting.

Reason for the change

To emphasize the best interests of the child, the Divorce Act now features concepts and words that focus on relationships with children, such as parenting and contact. The term “parenting order” replaces “custody order” throughout the Act, for instance.

This amendment simply replaces the former language related to custody with the new terms. While this provision requires that those who are not party to a parenting order seek leave of the court to vary a parenting order, those who are party to a parenting order no longer need leave of the court to apply to vary a parenting order.

When

March 1, 2021.