The Divorce Act Changes Explained

Variation, rescission, suspension

Variation of contact order
(Section 17(2.2), Divorce Act)

New section

Variation of contact order

(2.2) If the court makes a variation order in respect of a parenting order, it may make an order varying any contact 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 parenting order, the court can change any contact order to take into account the varied parenting 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 parenting order might require an adjustment to a contact order. Section 17(3) authorizes the court to include any provision in the new contact order that it would otherwise have been able to include in the original contact order. Section 17(11) requires that a copy of the new contact order be sent to the court that made the previous parenting order.

When

March 1, 2021.