The Divorce Act Changes Explained

Change in Place of Residence

Notice
(Section 16.8(1), Divorce Act)

New section

Notice

16.8 (1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to change their place of residence or that of the child shall notify any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.
Old section

None.

What is the change

Before changing their residence (or the residence of the child), anyone with parenting time or decision-making responsibility must give notice to anyone who has parenting time, decision-making responsibility or contact with the child.

Reason for the change

It is important that everyone who has parenting time, decision-making responsibility or contact with the child have up-to-date information about changes in residence. This is important for practical reasons. For example, a person with parenting time needs to know where to pick up or drop off the child.

When

March 1, 2021.