An Act to amend the Divorce Act
Bill C-223 was a Conservative Private Member's Bill amending the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) to require courts to consider equal shared parenting (joint custody with equal residence time, sometimes called shared parenting or 50-50 custody) as a starting position in determining child custody. Currently the Divorce Act framework following the 2019 federal reforms (Bill C-78, S.C. 2019, c. 16) uses a best-interests-of-the-child standard with no presumption of equal shared parenting. The Canadian Equal Parenting Council had advocated for the change since 2014. The bill is the federal counterpart to similar provincial advocacy in Ontario's Family Law Act framework. Did not pass second reading.
Status
Quick learn
Updates federal divorce rules on parental relocation. When one parent wants to move across provincial lines after separation, the bill sets out a clearer procedure for the other parent to object and for courts to decide on the child's best interest.
Issues this bill touches
- Gender Equality & Reproductive Rights
Divorce Act amendments.
Legislative history
- First reading
First reading in the House of Commons.
View source - Second reading
Second reading in the House of Commons.
View source
Official source
Read full text on Parliament of Canada