The Divorce Act Changes Explained

Variation, rescission, suspension

Relocation prohibited – no change in circumstances
(Section 17(5.3), Divorce Act)

New section

Relocation prohibited — no change in circumstances

(5.3) A relocation of a child that has been prohibited by a court under paragraph (1)(b) or section 16.1 does not, in itself, constitute a change in the circumstances of the child for the purposes of subsection (5)

Old section

None.

What is the change

This provision prevents the variation of an order simply on the basis that an application for relocation was denied.

Reason for the change

If there is no change to the child’s circumstances, the fact that a request for relocation has been denied does not, in and of itself, form the basis for a variation.

At any time, however, if there was a material change in circumstances, a party could seek to vary a parenting order.

This provision is similar to one in British Columbia’s Family Law Act.

When

March 1, 2021.