Divorce Act Basics - Revision history

Nate Russell: Resources and links clean up

2026-10-02T19:42:37Z

Resources and links clean up

Nate Russell at 19:36, 2 October 2026

2026-10-02T19:36:51Z

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	===What happens if a spouse wants to move?===		===What happens if a spouse wants to move?===

	If a spouse wants to move, with or without a child, and the move <span class="noglossary">will</span> have a "significant impact" on the child’s relationship with someone with decision-making responsibility, parenting time or contact, the spouse must give 60 days' notice of the move to anyone else who has decision-making responsibility, parenting time or contact. The notice must in the form required by the rules of court and say where the spouse plans on moving to, when the spouse plans on moving, and how decision-making responsibility, parenting time and contact can be exercised after the move. See the discussion on relocation under the heading [[~~Changing_Family_Law_Orders_and_Agreements_Involving_Children~~#~~Relocating_with_or_without_a_child~~ \| "~~Relocating with or without a child~~"]], in the section on [[~~Changing Family Law Orders and Agreements Involving Children~~]] in the [[Children and Parenting after Separation]] chapter.		If a spouse wants to move, with or without a child, and the move <span class="noglossary">will</span> have a "significant impact" on the child’s relationship with someone with decision-making responsibility, parenting time or contact, the spouse must give 60 days' notice of the move to anyone else who has decision-making responsibility, parenting time or contact. The notice must in the form required by the rules of court and say where the spouse plans on moving to, when the spouse plans on moving, and how decision-making responsibility, parenting time and contact can be exercised after the move. See the discussion on relocation under the heading [[Moving_Away_after_Separation#Moves_under_the_Divorce_Act \| "Moves under the Divorce Act"]], in the section on [[Moving Away after Separation]] in the [[Children and Parenting after Separation]] chapter.

	If a person receiving this notice objects to the proposed move, they have 30 days to ~~file~~ an ~~objection to~~ the ~~move~~. The objection must in the ~~form required by~~ the ~~rules of court~~ and ~~say why~~ the person ~~objects and they must respond to the spouse~~'s proposal ~~on how~~ decision-making responsibility~~, parenting time and~~ contact ~~can be exercised after the move~~. If no one objects ~~after receiving~~ the ~~notice~~, ~~then~~ the spouse ~~will usually be able to move~~.		If a person receiving this notice objects to the proposed move, they have 30 days to either set out their objections in either a Form 2 Notice of Objection to Relocation (see the [https://canlii.ca/t/b5cx Notice of Relocation Regulations], SOR/2020-249, under the ''[[Divorce Act]]''), or by applying for a parenting order or a variation of an existing order (s 16.1(1) or s 17(1)(b) of the ''[[Divorce Act]]'').

			The notice of objection must give the reasons for the objection and the person's views on the proposal for parenting time, decision-making responsibility or contact. If no one objects within 30 days and no order prohibits the move, the spouse may relocate on the date set out in the notice.

	When a spouse objects, how the spouses share the child's time becomes really important.		When a spouse objects, how the spouses share the child's time becomes really important.

Nate Russell at 18:39, 2 October 2026

2026-10-02T18:39:49Z

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	{{REVIEWED \| reviewer = [[~~JP Boyd~~]], ~~17 February 2023~~}}		{{REVIEWED \| reviewer = [[Nate Russell]], 2 October 2026}}

	{{JP Boyd on Family Law Navbox\|type=started}}		{{JP Boyd on Family Law Navbox\|type=started}}

Nate Russell: Oct 1 BCSC chambers rules change to "serve then file"

2026-10-02T18:39:20Z

Oct 1 BCSC chambers rules change to "serve then file"

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	====When both spouses live in British Columbia====		====When both spouses live in British Columbia====

	To change a ~~British Columbia~~ ''[[Divorce Act]]'' child support order when both spouses live ~~here~~, the ''applicant~~'' —~~ the ~~person making~~ the application ~~—~~ must ~~file~~ a ~~Notice of Application in the original court proceeding~~. ~~The~~ [~~http://canlii.ca/t/8mcr~~ Supreme Court Family ~~Rules~~] ~~have special rules~~ about applications to change final orders.		To change a ''[[Divorce Act]]'' child support order when both spouses live in British Columbia, apply in the original BC Supreme Court proceeding. The applicant must serve the unfiled notice of application and the other materials required by Rule 10-6(2) before filing them. If the application is to change a final order, the materials must be served by personal service, and the respondent has 14 days after service to respond (Rule 10-6(2.1)(a) and (8.1)(c)). See [[Changing Supreme Court Family Law Orders]] for more information about applications to change final orders.

	====When a spouse lives outside of British Columbia====		====When a spouse lives outside of British Columbia====
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	====When both spouses live in British Columbia====		====When both spouses live in British Columbia====

	To change a ~~British Columbia~~ ''[[Divorce Act]]'' ~~spousal support order~~ when both spouses live ~~here~~, the applicant must ~~file~~ a ~~Notice of Application in~~ the ~~original court proceeding~~. ~~The~~ [~~http://canlii.ca/t/8mcr~~ Supreme Court Family ~~Rules~~] ~~have special provisions~~ for applications to change final orders.		To change a spousal support order under the ''[[Divorce Act]]'' when both spouses live in British Columbia, apply in the original Supreme Court proceeding. The applicant must serve the unfiled notice of application and the other materials required by Rule 10-6(2) before filing them. If the application is to change a final order, the materials must be served by personal service, and the respondent has 14 days after service to respond (Rule 10-6(2.1)(a) and (8.1)(c)). See [[Changing Supreme Court Family Law Orders]] for more information about applications to change final orders.

	====When a spouse lives outside of British Columbia====		====When a spouse lives outside of British Columbia====

Nate Russell: Clicklaw directory link edit

2024-08-02T22:29:51Z

Clicklaw directory link edit

← Older revision		Revision as of 22:29, 2 August 2024
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	*[https://www.justice.gc.ca/eng/fl-df/divorce/index.html "Divorce and Separation"] from the Department of Justice		*[https://www.justice.gc.ca/eng/fl-df/divorce/index.html "Divorce and Separation"] from the Department of Justice
	*[https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/book-livre/title-titre.html ''What happens next? Information for kids about separation and divorce''] from the Department of Justice		*[https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/book-livre/title-titre.html ''What happens next? Information for kids about separation and divorce''] from the Department of Justice
	*[https://www.~~clicklaw~~.bc.ca/~~resource~~/~~4340~~ Fact Sheet "Divorce"] from the Department of Justice		*[https://www.justice.gc.ca/eng/fl-df/fact4-fiches4.html Fact Sheet "Divorce"] from the Department of Justice
	*[http://bit.ly/BecauseLifeGoesOn ''Because Life Goes On… Helping children and youth live with separation and divorce''] report from Public Health Agency of Canada		*[http://bit.ly/BecauseLifeGoesOn ''Because Life Goes On… Helping children and youth live with separation and divorce''] report from Public Health Agency of Canada
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4647~~ "Getting a Divorce"] from Legal Aid BC		*[https://family.legalaid.bc.ca/separation-divorce/getting-a-divorce "Getting a Divorce"] from Legal Aid BC
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource/4639~~ "Separation & Divorce"] from Legal Aid BC		*[https://family.legalaid.bc.ca/separation-divorce "Separation & Divorce"] from Legal Aid BC
	*[https://~~www.clicklaw~~.bc.ca/~~resource/4139 "Parent Guide to Separation and Divorce"] from~~ the ~~Justice Education Society~~		*[https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ "Changes to the Divorce Act"] from Dial-a-Law by the People's Law School
	*[https://www.clicklaw.bc.ca/resource/~~4869~~ "Changes to the Divorce Act"] from Dial-a-Law by the People's Law School		*[https://www.justice.gc.ca/eng/fl-df/cfl-mdf/dace-clde/index.html "Divorce Act Changes Explained"] from the Department of Justice
	*[https://www.~~clicklaw~~.bc.ca/~~resource~~/~~4865~~ "Divorce Act Changes Explained"] from the Department of Justice

Nate Russell at 22:08, 11 January 2024

2024-01-11T22:08:49Z

← Older revision		Revision as of 22:08, 11 January 2024
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	{{REVIEWED \| reviewer = [[JP Boyd]], 17 February ~~2020~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], 17 February 2023}}

	{{JP Boyd on Family Law Navbox\|type=started}}		{{JP Boyd on Family Law Navbox\|type=started}}

Nate Russell at 22:37, 19 May 2022

2022-05-19T22:37:01Z

Show changes

Jpboyd: /* Resources and links */

2021-03-06T19:40:56Z

Resources and links

← Older revision		Revision as of 19:40, 6 March 2021
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	* ''[http://canlii.ca/t/7vbw Divorce Act]''		* ''[http://canlii.ca/t/7vbw Divorce Act]''
	* [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78], the bill that ~~will change~~ the ''Divorce Act''		* [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78], the bill that changed the ''Divorce Act''

	===Links===		===Links===
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	{{REVIEWED \| reviewer = [[JP Boyd]], ~~June 21~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=started}}		{{JP Boyd on Family Law Navbox\|type=started}}

Jpboyd: /* What issues does the Divorce Act cover? */

2021-03-06T19:40:27Z

What issues does the Divorce Act cover?

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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.		Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

			The ''Divorce Act'' now also provides a test to help judges decide what should happen when a spouse wants to move away from the other spouse after separation. Although the ''Divorce Act'' test is similar to the ''Family Law Act'' test, they are not exactly the same. It is a good idea to speak to a lawyer whenever someone wants to move away after separation.

	====What is corollary relief?====		====What is corollary relief?====

Jpboyd: /* The law about children */

2021-03-06T19:26:56Z

The law about children

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	This doesn't mean that it is ''always'' best for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent with the child's best interests''. That might be an equal or a near-equal amount of time, or it might be every other weekend, or it might be no time at all.		This doesn't mean that it is ''always'' best for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent with the child's best interests''. That might be an equal or a near-equal amount of time, or it might be every other weekend, or it might be no time at all.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'', judges now have a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	===Who can ask for orders about custody and access?===		===Who can ask for orders about custody and access?===
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	Joint custody does not always mean that the spouses share the child's time equally or near-equally. Joint custody means that both spouses are expected to play a role in raising their children and in making decisions about their care and upbringing; whether they share the children's time equally or have very unequal amounts of time with the children is another question.		Joint custody does not always mean that the spouses share the child's time equally or near-equally. Joint custody means that both spouses are expected to play a role in raising their children and in making decisions about their care and upbringing; whether they share the children's time equally or have very unequal amounts of time with the children is another question.

	Under the ~~new~~ ''Divorce Act'', ~~the right to make decisions about children will be described~~ as ''~~parenting responsibilities~~''.		<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'', "custody" is now known as ''decision-making responsibility''.

	===What rights does access give?===		===What rights does access give?===
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	This provision doesn't apply to people who are not spouses and have access to the child under a ''Divorce Act'' order.		This provision doesn't apply to people who are not spouses and have access to the child under a ''Divorce Act'' order.

	Under the ~~new~~ ''Divorce Act'', ~~people who are spouses will have~~ ''parenting time'' ~~with a child instead of "access~~,~~" and~~ people who are ~~not spouses may have~~ ''contact'' ~~with a child. People with parenting time also have the right to make day-to-day decisions affecting the child during their time with the child~~.		<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'', access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

	===How are orders for custody and access enforced?===		===How are orders for custody and access enforced?===

← Older revision		Revision as of 19:42, 2 October 2026
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	* ''[http://canlii.ca/t/7vbw Divorce Act]''		* ''[http://canlii.ca/t/7vbw Divorce Act]''
	* ''[http://canlii.ca/t/53rg6 An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act]'', the legislation that changed the ''Divorce Act'' on 1 March 2021		* ''[http://canlii.ca/t/53rg6 An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act]'', the legislation that changed the ''Divorce Act'' on 1 March 2021
	*[https://canlii.ca/t/~~55289~~ Supreme Court Family Rules]		*[https://canlii.ca/t/b5cx Notice of Relocation Regulations], SOR/2020-249 (regulation under the ''Divorce Act'')
			*[https://canlii.ca/t/8mcr Supreme Court Family Rules]
	*''[https://canlii.ca/t/8q3k Family Law Act]''		*''[https://canlii.ca/t/8q3k Family Law Act]''
	*[https://canlii.ca/t/531vd Federal Child Support Guidelines]		*[https://canlii.ca/t/531vd Federal Child Support Guidelines]
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	*[https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/book-livre/title-titre.html ''What happens next? Information for kids about separation and divorce''] from the Department of Justice		*[https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/book-livre/title-titre.html ''What happens next? Information for kids about separation and divorce''] from the Department of Justice
	*[https://www.justice.gc.ca/eng/fl-df/fact4-fiches4.html Fact Sheet "Divorce"] from the Department of Justice		*[https://www.justice.gc.ca/eng/fl-df/fact4-fiches4.html Fact Sheet "Divorce"] from the Department of Justice
	*[~~http~~://bit.ly/BecauseLifeGoesOn ''Because Life Goes On… Helping children and youth live with separation and divorce''] report from Public Health Agency of Canada		*[https://bit.ly/BecauseLifeGoesOn ''Because Life Goes On… Helping children and youth live with separation and divorce''] report from Public Health Agency of Canada
	*[https://~~family~~.~~legalaid.bc~~.ca/separation-divorce/getting-a-divorce "Getting a Divorce"] from ~~Legal Aid~~ BC		*[https://www.familylawinbc.ca/separation-divorce/getting-a-divorce "Getting a Divorce"] from Family Law in BC website
	*[https://family.legalaid.bc.ca/separation-divorce "Separation & Divorce"] from ~~Legal Aid~~ BC		*[https://family.legalaid.bc.ca/separation-divorce "Separation & Divorce"] from Family Law in BC website
	*[https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ "Changes to the Divorce Act"] from Dial-a-Law by the People's Law School		*[https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ "Changes to the Divorce Act"] from Dial-a-Law by the People's Law School
	*[https://www.justice.gc.ca/eng/fl-df/cfl-mdf/dace-clde/index.html "Divorce Act Changes Explained"] from the Department of Justice		*[https://www.justice.gc.ca/eng/fl-df/cfl-mdf/dace-clde/index.html "Divorce Act Changes Explained"] from the Department of Justice