The Divorce Act Changes Explained

Jurisdiction

No jurisdiction – contact order
(Section 6.1(3), Divorce Act)

New section

No jurisdiction – contact order

(3) For greater certainty, if no parenting order has been made in respect of a child, no application for a contact order may be brought under this Act in respect of the child.
Old section

None.

What is the change

The amendment clarifies that a contact order may not be sought under the Act in the absence of an existing parenting order.

Reason for the change

The amendment reflects the constitutional division of powers in family law. If there were no existing parenting order under the Act, a non-spouse seeking a contact order would have to apply under provincial law. However, s 6.1(1) specifies that an application for a contact order may be brought to the court considering a parenting application.

When

March 1, 2021.