The Divorce Act Changes Explained

Variation, rescission, suspension

Variation of parenting order
(Section 17(2.1), Divorce Act)

New section

Variation of parenting order

(2.1) If the court makes a variation order in respect of a contact order, it may make an order varying the parenting order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications
Old section

None.

What is the change

When varying a contact order, the court can change the parenting order to take into account the varied contact order. Sections 17(3) and 17(11) of the Divorce Act would apply with any necessary changes.

Reason for the change

A change to a contact order might require an adjustment to a parenting order. Section 17(3) authorizes the court to include any provision in the new parenting order that it would otherwise have been able to include in the original parenting order. Section 17(11) requires that a copy of the new parenting order be sent to the court that made the previous parenting order.

When

March 1, 2021.