Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Custody Orders

Marginal note:Order for custody
  •  (1) A court of competent jurisdiction may, on application by either or both spouses or by any other person, make an order respecting the custody of or the access to, or the custody of and access to, any or all children of the marriage.

  • Marginal note:Interim order for custody

    (2) Where an application is made under subsection (1), the court may, on application by either or both spouses or by any other person, make an interim order respecting the custody of or the access to, or the custody of and access to, any or all children of the marriage pending determination of the application under subsection (1).

  • Marginal note:Application by other person

    (3) A person, other than a spouse, may not make an application under subsection (1) or (2) without leave of the court.

  • Marginal note:Joint custody or access

    (4) The court may make an order under this section granting custody of, or access to, any or all children of the marriage to any one or more persons.

  • Marginal note:Access

    (5) Unless the court orders otherwise, a spouse who is granted access to a child of the marriage has the right to make inquiries, and to be given information, as to the health, education and welfare of the child.

  • Marginal note:Terms and conditions

    (6) The court may make an order under this section for a definite or indefinite period or until the happening of a specified event and may impose such other terms, conditions or restrictions in connection therewith as it thinks fit and just.

  • Marginal note:Order respecting change of residence

    (7) Without limiting the generality of subsection (6), the court may include in an order under this section a term requiring any person who has custody of a child of the marriage and who intends to change the place of residence of that child to notify, at least thirty days before the change or within such other period before the change as the court may specify, any person who is granted access to that child of the change, the time at which the change will be made and the new place of residence of the child.

  • Marginal note:Factors

    (8) In making an order under this section, the court shall take into consideration only the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child.

  • Marginal note:Past conduct

    (9) In making an order under this section, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the ability of that person to act as a parent of a child.

  • Marginal note:Maximum contact

    (10) In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.