The Divorce Act Changes Explained

Parenting Plan

Parenting plan
(Section 16.6(1), Divorce Act)

New section

Parenting Plan

Parenting plan

16.6 (1) The court shall include in a parenting order or a contact order, as the case may be, any parenting plan submitted by the parties unless, in the opinion of the court, it is not in the best interests of the child to do so, in which case the court may make any modifications to the plan that it considers appropriate and include it in the order.
Old section

None.

What is the change

The court must include in parenting and contact orders any parenting plan agreed to by the parties, unless the court considers that the plan is not in the best interests of the child. In such cases, the court can omit or modify the parenting plan.

Reason for the change

Parents are generally in the best position to decide what type of parenting arrangement would be best for their child. If the parties are able to come to an agreement about some or all parenting arrangements, the court should accept the agreement, unless it is not in the best interests of the child. This provision encourages the use of parenting plans and promotes agreement between parties.

Justice Canada has developed a Parenting Plan Tool to assist parents in developing a parenting plan. It is available on the Justice Canada website.

When

March 1, 2021.