Bill C-223, a private member’s bill that would amend the Divorce Act, has passed second reading in the House of Commons and been referred to the Standing Committee on Justice and Human Rights. This alert is intended to provide a practical overview for families, advisors, and legal professionals navigating family law matters.

While not yet law, its advancement is notable, as private members’ bills do not often reach this stage. If enacted, Bill C-223 would introduce a series of changes that could reshape how courts assess parenting disputes, with a more structured focus on family violence, coercive control, and children’s voices.

While the increased focus on family violence is a positive development, the Bill as currently drafted raises several concerns:

1. It risks a shift of focus away from the best interest of the children, as family violence is only one and not the only component when considering the children’s best interest.
2. As written, it could prioritise certain issues of family violence related to one parent over a holistic assessment of the child’s needs when making parenting orders.
3. It is not clear as drafted, which could lead to further confusion, inconsistent rulings, and ambiguity.
4. It does not clearly support a balanced consideration of all relevant best interest factors.

Bill C-223 Overview: What It Is and Its Current Status in Canada

Bill C-223, also referred to as the Keeping Children Safe Act, proposes amendments to the federal Divorce Act that would affect how courts assess parenting arrangements, family violence, and children’s interests in divorce proceedings.

Its progression past second reading is significant. At this stage, the Bill is undergoing committee review, where its provisions may be studied, refined, and debated before potentially advancing further in the legislative process.

Key Proposed Changes to the Divorce Act Under Bill C-223

The proposed amendments can be grouped into four key areas that may affect how parenting disputes are assessed and resolved.

Mandatory Family Violence Screening and Legal Adviser Obligations

The Bill would require legal advisers acting in divorce proceedings to assess whether there are reasonable grounds to believe there is a risk of family violence.

Where such a risk is identified, counsel would be required to:

• take steps to implement an appropriate plan,
• ensure that a safety plan is in place, and
• inform the client of available support services.

This represents a more formalized role for counsel in identifying and responding to potential safety concerns at an early stage. Although family violence is an issue that is long overdue for codification, the risk of the current bill as drafted is that it shifts the focus and will impact on the children. Rather, considerations should be given to family violence screening and implementation of safety protocols to allow for the best interests of the children to be considered holistically and to allow for early-stage negotiations or dispute resolution.

Changes to How Courts Assess Parenting Disputes and Evidence

The proposed amendments would further embed family violence and coercive control into the best interests analysis.

The Bill would also limit the ability of courts to rely on certain inferences when assessing family violence, including assumptions based solely on:

• the absence of prior complaints,
• the timing of allegations,
• continued cohabitation or relationships between spouses, or
• the absence of visible physical injury.

In addition, the Bill proposes to restrict how courts consider certain allegations that a parent has deliberately influenced a child’s relationship with the other parent, subject to defined exceptions.

Expanded Role of the Child’s Views in Court Proceedings

In certain circumstances, courts would be permitted to obtain information or evidence directly from a child, either in writing or through an interview, where:

• it is in the child’s best interests,
• both parties agree, and
• appropriate safeguards are in place to protect the child’s safety and privacy.

This reflects a continued shift toward ensuring that children’s views and preferences are considered in a more direct and structured way.

Currently, children’s views are most often introduced through third-party processes rather than direct participation. In British Columbia, courts commonly rely on reports prepared under s. 211 of the Family Law Act, where a qualified professional assesses the child’s views, needs, and family dynamics, often providing recommendations on parenting arrangements.

More limited “hear the child” or “views of the child” reports may also be used to capture the child’s perspectives without broader assessments or recommendations. These are typically more focused and less intrusive, providing the court with the child’s voice in a more contained format.

The proposed changes suggest a potential shift toward more direct engagement with children, which may affect when reports are used, how evidence is introduced, and what safeguards will be required in practice.

Proposed Changes to Parenting Time and Relocation Decisions

The Bill proposes several changes to parenting and relocation analysis, including:

• removing certain presumptions regarding parenting time,
• restricting the use of reunification-therapy-related orders in defined circumstances, and
• modifying relocation factors and burdens of proof.

Taken together, these changes would affect how courts approach both the structure of parenting arrangements and the analysis of proposed relocations.

How Bill C-223 Could Impact Family Law Matters in Practice

If enacted, Bill C-223 could influence family law matters in several practical ways.

1. Earlier and more structured consideration of family violence: The requirement for legal advisers to assess and respond to potential risks at the outset may result in earlier identification of safety concerns and more structured planning in appropriate cases.

2. Evolving approach to evidence in parenting disputes: The proposed limitations on certain inferences and allegations may affect how parties frame their cases and how courts evaluate competing evidence, particularly in high-conflict parenting matters.

3. Increased focus on children’s perspectives in decision-making: Allowing courts, in limited circumstances, to obtain evidence directly from children may influence how their views are incorporated into the decision-making process.

4. Potential shifts in parenting time and relocation outcomes: Changes to presumptions and burdens of proof may alter how courts approach parenting time and relocation disputes, with a greater focus on the specific facts of each case.

Key Considerations as Bill C-223 Moves Through the Legislative Process

As Bill C-223 progresses through committee review and further legislative stages, several considerations are likely to be the subject of continued discussion.

Balancing family violence with the broader best interests analysis: The proposed amendments place significant emphasis on family violence. Courts will continue to assess the best interests of the child based on the full evidentiary record, and how these considerations are balanced in practice will be an important area to watch.

Judicial discretion in parenting determinations: The Divorce Act has traditionally provided courts with broad discretion to weigh evidence on a case-by-case basis. Some of the proposed changes may prompt discussion about how that discretion is exercised within a more structured statutory framework.

Evidentiary considerations and procedural fairness: The proposed limitations on certain types of allegations and inferences may raise questions about how parties advance their case and how courts assess complex and competing evidence.

Clarity and application of the proposed amendments: As currently drafted, aspects of the Bill may require further refinement to support consistent interpretation and application across jurisdictions.

Who Is Affected by Bill C-223 and Its Impact on Families, Advisors, and Legal Counsel

Bill C-223 has not yet become law. It must proceed through committee review, third reading, Senate consideration, and Royal Assent before any changes take effect.

However, its progression signals an ongoing evolution in how family law addresses issues of family violence, parenting, and children’s interests. For families, advisors, and legal counsel involved in or anticipating family law matters, this underscores the continued importance of:

• clear and well-supported evidence,
• careful consideration of parenting dynamics, and
• early, informed legal advice.

In practice, these types of changes tend to influence not only how cases are decided, but how they are structured and argued from the outset.

What to Watch as Bill C-223 Progresses

While the final form of Bill C-223 remains uncertain, it reflects a broader shift toward a more structured and violence-informed approach within the Divorce Act. Ongoing developments will be monitored as the Bill progresses.

If you would like to discuss how these proposed changes may affect your situation or your clients, please feel free to connect with a member of our Family Practice.