In the new Divorce Act there is no presumption of equal parenting or any presumptions which parent will have the majority of parenting time. The decisions regarding equal parenting will be based on considerations of what is best for the child.

Significant others, i.e., grandparents can now apply for an application to the courts to have a role in their Grandchildren’s lives.  There must be an existing parenting order for significant others to submit an application to have regular contact with the Grandchildren.

The Divorce Act continues to convey that Child Support provisions take precedence over the payments regarding Spousal Support.

In decision making in a divorce, the new Divorce Act requires that the child’s physical emotional and psychological safety and well being must be considered. (S.16 (2). Decisions will be only in the best interests of the child. There are factors to be considered in the determination of parenting arrangements, (S.16 (3). In previous versions of the Divorce Act, the child’s emotional and psychological well being was not identified.

The new provisions of the Divorce Act outline details and descriptions of Family Violence. Situations regarding family violence must be considered based on the assessments of what is in the best interests of the child S.16 (3)(j).

The new Divorce Act will mean that the Courts and lawyers will be directing couples that are divorcing to recognize that their decisions will be measured in the terms of what is in the best interests of the children. As couples encounter or prepare for divorce, they should consider the changes to the Divorce Act in their assessments regarding their future.

Divorce Act: https://laws-lois.justice.gc.ca/eng/acts/d-3.4/).