Understanding Canada’s Divorce Act: What Families Need to Know in 2025
The Divorce Act in Canada underwent significant changes in March 2021, marking one of the most important updates to family law in decades. For families navigating separation or divorce, these changes impact how parenting, decision-making, and financial matters are addressed in court. Understanding these updates is crucial for anyone seeking fair and effective resolutions during a difficult time.
At Jones Divorce & Family Law in Calgary, our family lawyers are committed to guiding you through these changes with care and clarity. This article explores the current Divorce Act, the key changes from pre-2021, and how they may impact your family.
Parenting arrangements
The terms “custody” and “access” are no longer used in the new Divorce Act. Instead:
- Decision-making responsibility has replaced “custody”. This gives the spouse the decision-making responsibility and the right to get information about their children’s health, education, well-being, and other essential factors such as language and religion. Decision-making responsibilities can be given to one spouse or shared between both parents.
- Parenting time has replaced “access” and provides the parent with parenting time and the right to make day-to-day decisions about their child. During this time, they also have the right to get information about their children’s health, education, and well-being.
- Contact refers to time spent with a child by someone other than a spouse, such as a grandparent. A contact is not granted the right to make day-to-day decisions about the child or obtain information about the child’s health, education, and well-being.
Best Interests of the Child
As of March 1, 2021, the following factors can impact the court’s and the spouses’ decisions regarding what’s in the child’s best interests:
- The child’s views and preferences are given due weight to the child’s age and maturity unless they cannot be ascertained.
- A court action or order relevant to the child’s safety and well-being.
- Family violence.
When making decisions, the Court prioritizes the child’s security, well-being, and physical, emotional, and psychological safety.
Relocation after separation
Relocation refers to a person with parenting time and decision-making responsibility wanting to move away with or without their child. As of March 1, 2021, the Divorce Act states that when someone plans to relocate:
- They have to provide 60 days’ written notice.
- The notice must be given to anyone with parenting time, decision-making responsibility, or contact.
- A person with parenting time or decision-making responsibility has 30 days to object to the relocation.
- The objection must be a written notice or a court application.
Someone with contact cannot object to a person’s plan to relocate. The only person who can object is one who is granted parenting time or decision-making responsibility. If there is family violence, notice may not be needed.
Family Violence
Changes to the Divorce Act include a legal definition of family violence, which is “physical abuse, sexual abuse, psychological abuse, emotional abuse, financial abuse, harassment, and threats of harm to persons, pets, and property.” Under the new Divorce Act, the court must consider any existing or upcoming civil protection, child protection, or criminal court actions when family violence is an issue.
When deciding on the best interest of a child, the court will have to consider whether family violence is an issue. If family violence is a factor, some of the factors that the court will examine include:
- How often the family violence is
- How severe the family violence is
- Whether coercive and controlling behaviour is present
- Whether the violent person has taken steps to prevent violence and improve their parenting
Family Law Services To Help You Navigate The Divorce Act in Calgary
The changes to the Divorce Act aim to create a more child-centred approach to family law, ensuring that decisions prioritize the needs and safety of children. Whether you are seeking parenting time, financial support, or help resolving family disputes, understanding your rights under the updated law is essential.
Family law is complex and made further complicated, given that all family situations are unique. If you’re going through a separation, you need the help of an experienced family lawyer, like Jones Divorce & Family Law in Calgary, who will guide you through the process and give advice that makes sense for you and your family.
Book a consultation and learn how we can help you through mediation, arbitration, or court representation. We are here to help you achieve fair and effective resolutions.
The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.
