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

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Act current to 2021-03-23 and last amended on 2021-03-01. Previous Versions

Transitional Provisions (continued)

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

Marginal note:Proceedings commenced before coming into force

 A proceeding commenced under this Act before the day on which this section comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with this Act as it reads as of that day.

  • 2019, c. 16, s. 34

Marginal note:Person deemed to have parenting time and decision-making responsibility

 Unless a court orders otherwise,

  • (a) a person who had custody of a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that day, to be a person to whom parenting time and decision-making responsibility have been allocated; and

  • (b) a spouse or former spouse who had access to a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that date, to be a person to whom parenting time has been allocated.

  • 2019, c. 16, s. 34

Marginal note:Person deemed to have contact order

 If, immediately before the day on which this section comes into force, a person who is not a spouse or former spouse had access to a child by virtue of a custody order made under this Act, then, as of that day, unless a court orders otherwise, that person is deemed to be a person who has contact with the child under a contact order.

  • 2019, c. 16, s. 34

Marginal note:No notice

 A person who is deemed under section 35.4, to be a person to whom parenting time or decision-making responsibility has been allocated is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence by the person or a child to whom the order relates.

  • 2019, c. 16, s. 34

Marginal note:No change in circumstances

 For the purposes of subsection 17(5), as enacted by subsection 13(2) of 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 coming into force of that Act does not constitute a change in the circumstances of the child.

  • 2019, c. 16, s. 34

Marginal note:Variation of orders previously made

 An order made before the day on which this section comes into force under subsection 16(1), as that subsection read immediately before that day, or an order made in proceedings disposed of by the court in the manner described in section 35.3, may, as of that day, if it is still in effect, be varied, rescinded or suspended in accordance with section 17, as amended by section 13 of 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, as if the order were a parenting order or contact order.

  • 2019, c. 16, s. 34

Marginal note:Provisional orders

 If, before the day on which this section comes into force, a provisional order was made under subsection 18(2) as it read immediately before that day, the provisional order is deemed, as of that day, to be an application made under in subsection 18.1(3) and shall be dealt with and disposed of as such.

  • 2019, c. 16, s. 34

Commencement

Marginal note:Commencement

Footnote * This Act shall come into force on a day to be fixed by proclamation.

 
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