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ARTICLE · 13 APRIL 2021

Significant Changes To The Divorce Act RSC 1985 C 3

Parliament passed Bill C-78, an Act to Amend the Divorce Act, which received Royal Assent on June 21, 2019 and came into force March 1, 2021, amending the Divorce Act RSC 1985 c 3.

CanadaFamily and Matrimonial

Parliament passed Bill C-78, an Act to Amend the Divorce Act, which received Royal Assent on June 21, 2019 and came into force March 1, 2021, amending the Divorce Act RSC 1985 c 3 (hereinafter referred to as the "Act"). The amendments to the Divorce Act are substantial, the first significant updates to the Act since 1985. This article will review many of the significant changes.

No more Custody and Access

The terms 'custody' and 'access' have been replaced with 'decision-making responsibility' and 'parenting time', respectively.

  • Decision-making responsibility is the responsibility for making decisions about a child's wellbeing; this includes but is not limited to health, education, culture, language, spirituality and significant extra-curricular activities.

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