The Divorce Act Changes Explained

Best interests of the child

Steps to prevent further family violence by person engaging in family violence
(Section 16(4)(g), Divorce Act)

New section

(g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and

Old section

None.

What is the change

The court must consider whether the perpetrator has taken any steps to address their behaviour, to prevent future family violence and to improve their ability to meet the needs of the child.

Reason for the change

There are many options that an abuser can try in order to improve their behaviour. For example, partner-abuse programs exist across Canada. There are also parenting programs aimed at abusive parents. Caring Dads is an example of a program for fathers who have abused their children, or exposed their children to intimate partner violence. Participation in these programs does not guarantee a change in behaviour, and an assessment of whether a change in behaviour has occurred is important.

When

March 1, 2021.