Canada's Divorce Act faces its most significant overhaul since the 2021 amendments as Bill C-223, the Keeping Children Safe Act, advances to committee review following its February 4, 2026 second reading. The private member's bill, sponsored by Liberal MP Lisa Hepfner (Hamilton Mountain), would prohibit courts from considering "parental alienation" claims and mandate family violence screening by lawyers—changes that nearly 300 advocacy organizations support but critics warn could remove essential judicial tools.
Key Facts: Bill C-223 at a Glance
| Detail | Information |
|---|---|
| Bill Number | C-223 (Keeping Children Safe Act) |
| Sponsor | Lisa Hepfner, Liberal MP (Hamilton Mountain) |
| First Reading | September 18, 2025 |
| Second Reading Passed | February 4, 2026 |
| Current Status | Standing Committee on Justice and Human Rights |
| Organizations Supporting | Nearly 300 women's advocacy groups |
| Sections Amended | Divorce Act sections 16(1.1) and 16(1.2) |
What the Bill Would Change
Bill C-223 proposes four major amendments to how Canadian family courts handle parenting disputes. First, lawyers would face mandatory obligations to screen clients for family violence risk and implement safety measures before proceedings begin. Second, courts would gain expanded authority to recognize coercive control—defined as "a pattern of behaviours used to dominate and control a person"—as a distinct form of abuse under Divorce Act section 16.
The bill's most controversial provision prohibits courts from considering evidence that a child's rejection of a parent stems from manipulation or "alienation" by the other parent. Under the proposed section 16(1.1), courts could not order parenting time restrictions designed to improve a child's relationship with a rejected parent, nor could they mandate reunification therapy programs.
Finally, children would gain direct input through a new mechanism allowing courts to obtain information "in writing or interview," conducted privately with an independent amicus curiae (friend of the court). This requires both parents' consent and a determination that no safer alternatives exist.
Ontario's Current Approach to Alienation Claims
Ontario courts have developed substantial jurisprudence around parental alienation without explicit statutory guidance. A 2024 CanLII analysis of reported cases found that parental alienation allegations are proven in less than half the cases where raised. Research by Queen's University law professor Nicholas Bala and social work professor emerita Rachel Birnbaum found that in more than a third of proven alienation cases, mothers—not fathers—were the alienated parent, often by partners with histories of abuse or coercive control.
Ontario case volume has fluctuated significantly: from roughly 5 reported cases annually between 1995-2005 to 41 cases in 2014, then 69 cases in 2021 before declining to 49 in 2023. Even when courts find alienation occurred, custody reversal happens in only about 14% of cases (9 of 63 in one study), typically where children suffered documented emotional harm.
Recent Ontario decisions demonstrate the complexity. In Ginese v. Fadel (2024 ONSC 2427), the court found a father's severe alienating behaviors constituted family violence and coercive control, causing complete rejection of the mother. In E.N. v. M.G. (2025 ONSC 3565), the court ordered immediate custody reversal after finding a mother coached a child to make false sexual abuse allegations—conduct characterized as emotional abuse.
The Case for Reform
The National Association of Women and the Law argues that "domestic violence is the rule, not the exception, in parental alienation cases." NAWL Director of Legal Affairs Suzanne Zaccour states: "Judges often issue orders that reverse parenting time not because a child is neglected, but to force a closer relationship with an abusive parent."
Proponents note the bill aligns with conclusions from the UN Special Rapporteur on violence against women and the Committee on the Elimination of Discrimination against Women. Peel Regional Police data from October 2025 underscores the urgency: the force reported a 4% increase in family and intimate-partner violence calls, responding to two such calls every hour.
The Case Against the Bill
Critics, including professors Bala and Birnbaum writing in Law360 Canada, argue the bill would harm children by stripping courts of necessary tools. They note that while "parental alienation" lacks a reliable psychological test, so does "coercive control"—which Parliament added to the Divorce Act in 2021.
The Bloc Québécois supports sending the bill to committee while maintaining that parental alienation "is a recognized psychological phenomenon, not an invention." The party argues removing it from judicial consideration "risks weakening courts' tools to protect children from manipulative behavior."
Research cited by critics includes a retrospective Ontario study (2010-2022) of children subject to custody reversal orders: though all opposed the orders initially, years later each reported understanding why the court acted and satisfaction with living with the previously rejected parent.
How This Affects Ontario Family Law Proceedings
If passed, Bill C-223 would override Ontario's existing case law framework for addressing parental alienation. The 2021 Divorce Act amendments, which took effect March 1, 2021, already require courts to consider "any family violence and its impact" under section 16(3)(j). Bill C-223 would expand that framework while simultaneously eliminating one response mechanism.
For Ontario parents currently in or anticipating proceedings, the key distinction is timing. Bill C-223 remains in committee as a private member's bill—a category with historically lower passage rates than government-sponsored legislation. Committee testimony and amendments could substantially reshape the final bill, if it advances at all.
Practical Takeaways for Ontario Parents
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Document thoroughly: Whether you fear family violence or believe the other parent is undermining your relationship with your child, contemporaneous documentation remains critical regardless of how Bill C-223 proceeds.
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Understand current law: Ontario courts already must consider family violence and coercive control under the 2021 Divorce Act amendments. These protections exist now.
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Consult counsel early: If family violence concerns exist, work with a lawyer who can implement safety measures and navigate the intersection of family and criminal proceedings.
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Watch committee proceedings: The Standing Committee on Justice and Human Rights will hear expert testimony that may reshape the bill's final provisions.
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Recognize complexity: Both alienation and abuse occur in family breakdowns. Courts attempting to distinguish between a child's legitimate fear and manufactured rejection face genuinely difficult evidentiary challenges that no statute can fully resolve.
Frequently Asked Questions
What is Bill C-223?
Bill C-223, the Keeping Children Safe Act, is a private member's bill introduced by Liberal MP Lisa Hepfner on September 18, 2025. It proposes amendments to Canada's Divorce Act that would require mandatory family violence screening by lawyers, prohibit courts from considering parental alienation claims, ban reunification therapy orders, and give children direct voice in proceedings through court interviews.
Would Bill C-223 completely ban parental alienation claims in Ontario courts?
The bill would prohibit courts from considering evidence that a child's rejection stems from manipulation by the other parent. It would also prevent orders restricting parenting time to improve a child's relationship with a rejected parent and ban mandatory reunification therapy. However, the bill must still pass committee review and third reading before becoming law.
When will Bill C-223 become law in Canada?
Bill C-223 passed second reading on February 4, 2026 and is now before the Standing Committee on Justice and Human Rights. As a private member's bill, it faces lower passage odds than government legislation. Committee review, potential amendments, third reading, and Senate consideration must all occur before Royal Assent. No timeline for final passage exists.
How does Ontario currently handle parental alienation cases?
Ontario courts recognize parental alienation as a potential form of emotional abuse and family violence. Courts have four main remedies: leave the child with the alienating parent; reverse custody to the rejected parent; maintain custody with therapy; or place the child with a neutral party temporarily. Custody reversal occurs in roughly 14% of proven alienation cases.
What protections already exist for family violence in Canadian divorce law?
The 2021 Divorce Act amendments, effective March 1, 2021, require courts to consider family violence and its impact when making parenting orders under section 16(3)(j). The Act defines family violence to include coercive control and requires courts to examine the nature, seriousness, and frequency of violence, patterns of controlling behavior, and harm or risk to children.
To understand how Ontario courts currently evaluate parenting arrangements and family violence, explore our Ontario Parenting Arrangements Guide or connect with a qualified Ontario family law attorney through our directory.
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.