The Divorce Act Changes Explained

Parenting Orders

Application by person other than spouse
(Section 16.1(3), Divorce Act)

New section

Application by person other than spouse

(3) A person described in paragraph (1)(b) may make an application under subsection (1) or (2) only with leave of the court.
Old section

Application by other person

(3) A person, other than a spouse, may not make an application under subsection (1) or (2) without leave of the court.

What is the change

To apply for a parenting order, non-spouses (including parents, those acting as parents, and those who seek to act as a parent) must first obtain leave of the court.

Reason for the change

Under s 16.1, certain non-spouses can apply for a parenting order, but only if the court allows them to make an application. This requirement for leave of the court recognizes that divorce proceedings are generally proceedings that only involve the two spouses. When a non-spouse seeks leave of the court, the court has to determine whether it is appropriate to add them as a party to the proceeding between the spouses. Other non-spouses can apply only for a contact order.

When

March 1, 2021.