Bill C-223 Advances: Canada Moves to Ban Parental Alienation Claims (2026)

Bill C-223, the Keeping Children Safe Act, passed second reading in the House of Commons on February 4, 2026 and now sits before the Standing Committee on Justice and Human Rights. If enacted, it would amend the federal Divorce Act to prohibit courts from considering 'parental alienation' claims, ban court-ordered reunification therapy, and require every lawyer to screen clients for family violence — a structural shift that would reach every Ontario divorce involving children.

Key Facts

According to the Chambers and Partners Family Law 2026 practice guide, the bill reflects growing consensus among Canadian family-violence advocates that 'parental alienation' theory has been weaponized in contested parenting disputes. Because divorce is governed federally under the Divorce Act, a passed C-223 would apply uniformly across Ontario, British Columbia, Alberta, and Quebec — no province could opt out.

Why this matters legally

Bill C-223 would fundamentally rewire how Ontario courts weigh evidence in contested parenting cases. Today, a parent accused of alienating a child from the other parent can face reduced parenting time or a reversal of the child's primary residence. Under C-223, courts would be barred from considering 'parental alienation' as a concept at all, and could no longer order reunification therapy — the intensive programs that force a resistant child back into contact with a rejected parent.

The bill also codifies coercive control as family violence. The 2021 Divorce Act already defines family violence broadly under s. 2(1) to include patterns of coercive and controlling behaviour, but C-223 would sharpen the courts' obligation to screen for it. Every lawyer would be legally required to assess each client for family violence before advising on parenting arrangements — a duty that currently exists as best practice, not black-letter law. Judges would also gain express authority to hear directly from children, reinforcing the child's-voice principle already embedded in the best-interests factors of the Divorce Act.

How Canadian law handles this

Canadian family law is federal at its core: the Divorce Act (R.S.C. 1985, c. 3), substantially amended in March 2021, governs divorce, parenting arrangements, and support for married couples nationwide. Section 16 directs courts to decide parenting on the best interests of the child, and s. 16(3) already lists 'family violence' among the mandatory factors. Ontario layers its own Children's Law Reform Act on top for unmarried parents and for procedural matters, but for divorcing couples the federal Act controls.

The existing framework does not prohibit 'parental alienation' evidence — Ontario judges routinely hear it, and appellate decisions such as those from the Ontario Court of Appeal have upheld residence reversals in extreme cases. C-223 would override that jurisprudence by statute. It would also displace the current reunification-therapy practice, where courts order structured programs (often costing families $20,000 to $40,000) to rebuild a child's relationship with an estranged parent. Critics of these programs argue they can retraumatize children fleeing genuine abuse; proponents argue alienation is a real harm that C-223 would leave unaddressed. Because the change flows through the Divorce Act, it would reach couples in British Columbia, Alberta, and Quebec identically, though Quebec's Civil Code procedures would still frame the local court process.

Parents navigating a contested separation today should understand where their case sits in this shifting landscape. Options like mediation and collaborative divorce resolve most parenting disputes without a judge weighing alienation evidence at all, which is one reason family-violence advocates favour them for lower-conflict matters. Where genuine abuse or coercive control is present, the safety framework — not the alienation framework — should drive the analysis.

Practical takeaways

1. Do not assume C-223 is law yet. It passed second reading on February 4, 2026 but must clear committee, third reading, the Senate, and Royal Assent before taking effect. Contested-parenting cases filed now are still governed by the current Divorce Act, where alienation evidence remains admissible.

2. If family violence is part of your situation, document it. C-223 elevates coercive-control evidence and mandates lawyer screening. Keep dated records of controlling behaviour, financial restriction, and any protective orders — this evidence will matter more, not less, if the bill passes.

3. If you are the parent a child is refusing to see, act now. Should C-223 pass, court-ordered reunification therapy would be off the table. Voluntary counselling and gradual, child-led re-contact are the durable paths regardless of the bill's fate.

4. Budget realistically. Reunification programs historically ran $20,000 to $40,000; alienation litigation can add tens of thousands more in expert fees. C-223 would remove both cost centres — a financial as well as legal shift worth discussing with your lawyer.

5. Build a plan before you litigate. A personalized divorce roadmap helps you identify whether your matter belongs in mediation, collaborative practice, or court — a decision C-223 makes even more consequential.

If you are separating in Ontario and children are involved, the safest step is to speak with a family lawyer who can assess how the current Divorce Act — and the pending changes — apply to your specific facts. You can find a divorce attorney through our directory to review your options before you make any parenting decisions.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.