The Divorce Act Changes Explained

Best interests of the child

Supporting the child's relationship with other spouse
(Section 16(3)(c), Divorce Act)

New section

(c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;

Old section

Maximum contact

(10) In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.

What is the change

The court must consider each spouse’s willingness to support the child’s relationship with the other spouse.

Reason for the change

It is generally important that each parent support the child’s relationship with the other parent. A positive relationship with both parents provides stability for the child during their parents’ separation and divorce. This provision reflects the “friendly parent rule,” formerly found in ss 16(10) and 17(9) of the Act.

In some situations, it may be inappropriate for one parent to support a child’s relationship with the other parent, such as in situations of family violence where there are safety concerns. In cases involving family violence, courts must consider the impact of the violence on all of the best interests of the child factors set out in section 16, including on the willingness of a spouse to support the child’s relationship with the other spouse. In every case, the court must give primary consideration to the child’s safety, security and well-being.

When

March 1, 2021.