The Divorce Act Changes Explained

Variation, rescission, suspension

Repeal section 17(9)
(Section 17(9), Divorce Act)

New section

Subsection 17(9) of the Act is repealed.

Old section

Maximum contact

(9) In making a variation order varying a custody order, the court shall give effect to the principle that a child of the marriage should have as much contact with each former spouse as is consistent with the best interests of the child and, for that purpose, where the variation order would grant custody of the child to a person who does not currently have custody, the court shall take into consideration the willingness of that person to facilitate such contact.

What is the change

The “maximum contact” rule as it applies to variations is repealed.

Reason for the change

Reference to the maximum contact rule is no longer required. Under s 17(3), a court making a variation order has the same powers and obligations as when making the original order. As a result, the new principle in s 16(6) applies to variation orders.

When

March 1, 2021.