Bill C-223 Divorce Act
C-223 An Act to Amend the Divorce Act
Short Title: Keeping Children Safe Act
Bill Type: Private Member’s Bill
Bill Sponsor: Lisa Hepfner (Hamilton Mountain)
⭐⭐⭐⭐ 4 out of 5 — A well-drafted Bill.
We read every Bill on this site so you don't have to. When one stands out for being genuinely well thought out, we say so. Bill C-223 earns four stars — the provisions work together as a coherent system, the drafting is precise and the preamble is grounded in real international Law. The myths and stereotypes list alone is rare and sophisticated Legislative work. We dock one star because a key protection — the court interview of children — can be blocked by one parent withholding consent. A well-intentioned gap in an otherwise very strong Bill. With support, it should pass.
Status: Outside the Order of Precedence — First Reading September 18, 2025. This Bill hasn't passed yet.
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WHO GAINS POWER
- Survivors of family violence gain stronger protections in divorce proceedings — courts are explicitly prohibited from dismissing abuse claims based on common myths like "they stayed, so it couldn't have been that bad"
- Children gain the right to have their views heard directly — courts can interview children in camera with an independent third party present
- The primary caregiver gains a presumption in favour of relocation — if a child spends most of their time with the relocating parent, the move is authorized unless the opposing parent proves it harms the child
- Lawyers gain a mandatory duty to assess family violence risk and implement a safety plan — not just flag it
- Parents fleeing violence gain explicit protection — leaving to a shelter or another province with children is not automatically treated as acting against the child's best interests
WHO LOSES POWER
- Courts lose the ability to presume equal parenting time is automatically in the child's best interests — that presumption is removed
- Courts lose the ability to order reunification therapy without the consent of both parents — and cannot force a child into it at all
- Abusive parents lose a key legal tool — "parental alienation" style allegations cannot be used to override evidence of family violence or shift custody away from a protective parent
- Legal advisers lose the option to ignore family violence risk — assessment and safety planning are now mandatory duties
- Previous court decisions that relied on parental alienation allegations can be revisited as a change in circumstances under the transitional provisions
WHO GAINS MONEY
- No direct financial provisions in this Bill
WHO LOSES MONEY
- No direct financial provisions in this Bill
THE CATCH
- ⚠️ This Bill is unlikely to pass — it is an opposition Private Member's Bill introduced by an NDP MP in a Liberal-majority Parliament
- ⚠️ The Bill explicitly targets "parental alienation" claims — it does not use the term but prohibits courts from considering allegations that a parent deliberately turned a child against the other parent, except in very narrow circumstances. This is contested territory in family law
- ⚠️ Reunification therapy is banned without mutual consent — this is a significant shift. Some practitioners argue reunification therapy can be appropriate in non-abusive estrangement situations. The Bill draws a hard line regardless
- ⚠️ Children can be interviewed directly by the court — but only if both spouses agree and the court is satisfied it is safe. One parent can effectively block a child from being heard
- ⚠️ The transitional provisions are retroactive in effect — prior decisions based on parental alienation allegations can be reopened as a change in circumstances. This could affect existing custody arrangements across Canada
- ⚠️ "Family violence" is not newly defined here — the Bill relies on the existing Divorce Act definition, which is broad but may be applied inconsistently across jurisdictions