The Divorce Act Changes Explained

Jurisdiction

Jurisdiction – no pending variation proceeding
(Section 6.1(2), Divorce Act)

New section

Jurisdiction – no pending variation proceeding

(2) If no variation proceeding related to a parenting order in respect of a child is pending, a court in a province in which the child is habitually resident has jurisdiction to hear and determine an application for a contact order, an application for a variation order in respect of a contact order or an application for a variation order in respect of a parenting order brought by a person referred to in subparagraph 17(1)(b)(ii), unless the court considers that a court in another province is better placed to hear and determine the application, in which case the court shall transfer the proceeding to the court in that other province.
Old section

None.

What is the change

The amendment sets out jurisdictional requirements for non-spouses seeking contact orders or parenting orders. If no parenting proceeding is underway, these parties must apply in the province of the child’s habitual residence, unless the court in that province determines that it would be inappropriate.

Reason for the change

In general, the court hearing a parenting application is best placed to make other decisions related to the child, such as a request for a contact order. In a case where there is no pending parenting application between the spouses, an application by a third party should generally take place in the child’s habitual residence; this is where most evidence about the child is likely located. When important reasons exist, however, a court can transfer the application to another province.

When

March 1, 2021.