Canada's Bill C-223 Passes Second Reading, Would Fundamentally Change How Courts Handle Family Violence in Custody Disputes
Bill C-223, the Keeping Children Safe Act, passed second reading in Parliament on February 4, 2026, and now sits before the Standing Committee on Justice and Human Rights. If enacted, this legislation would prohibit Canadian family courts from considering "parental alienation" claims in parenting disputes, reject presumptive 50-50 parenting time where family violence is alleged, and require lawyers to conduct family violence risk assessments before proceeding with custody matters. Nearly 300 advocacy organizations support the bill.
Key Facts
| Element | Details |
|---|---|
| What happened | Bill C-223 passed second reading, advancing to committee review |
| When | February 4, 2026 |
| Where | Parliament of Canada (applies to all provinces via Divorce Act) |
| Key statute affected | Divorce Act and provincial family law statutes |
| Who supports it | Nearly 300 advocacy organizations across Canada |
| Next step | Standing Committee on Justice and Human Rights review |
Why This Matters for Ontario Families
Ontario family courts would face significant restrictions on how they evaluate high-conflict parenting disputes if Bill C-223 becomes law. The bill directly targets three practices that have drawn criticism from domestic violence advocates: the use of "parental alienation" as a defense, automatic assumptions favoring equal parenting time, and inadequate screening for family violence before litigation proceeds.
Under current Ontario practice, a parent accused of limiting a child's relationship with the other parent may face allegations of "parental alienation syndrome" or similar concepts. Courts have sometimes treated such claims as equivalent to or more serious than allegations of family violence. Bill C-223 would prohibit courts from relying on parental alienation theories when making parenting orders under the Divorce Act.
The timing of this legislation follows the 2021 amendments to the Divorce Act, which already required courts to consider family violence as the primary factor in determining a child's best interests. However, advocates argue those amendments have not eliminated the problem. A 2023 study by the National Association of Women and the Law found that parental alienation claims were raised in approximately 25% of contested custody cases involving domestic violence allegations.
How Bill C-223 Would Change Canadian Law
The bill proposes three major changes to federal family law that would apply in Ontario through the Divorce Act:
- Courts would be prohibited from considering parental alienation syndrome, parental alienation, or any similar concept when making parenting orders
- Courts could not apply a presumption of equal parenting time in any case where family violence is alleged or where such a presumption would not be in the child's best interests
- Lawyers would be required to assess family violence risk and inform clients about available protections before proceeding with custody matters
These changes would apply to all divorce proceedings under federal jurisdiction. Ontario's provincial Children's Law Reform Act governs unmarried parents, and provincial amendments may be needed for full consistency.
The bill also proposes enhanced judicial education requirements. Judges hearing family law matters would need training on the dynamics of family violence, coercive control, and the impact of trauma on children and adult survivors.
What Ontario Courts Currently Consider
Ontario courts already must consider family violence under section 16 of the Divorce Act, which lists it as a primary best interests factor. The 2021 amendments defined family violence broadly to include physical abuse, sexual abuse, psychological abuse, financial abuse, and coercive and controlling behavior.
However, the current legislation does not prohibit courts from considering parental alienation claims. In practice, some Ontario judges have treated alienation allegations seriously, sometimes ordering custody transfers or supervised access when a parent is found to have interfered with the child's relationship with the other parent.
Bill C-223's supporters argue this creates a dangerous dynamic where an abusive parent can weaponize alienation claims against a protective parent who is actually trying to shield children from harm. A 2024 report from Luke's Place Support and Resource Centre documented 47 Ontario cases where domestic violence survivors lost custody or parenting time after being accused of alienation.
Practical Takeaways for Ontario Parents
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Document everything if you are experiencing family violence, including dates, times, and any witnesses, as courts will continue to require evidence regardless of legislative changes
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Understand that Bill C-223 has not yet passed and current law still applies, meaning parental alienation claims remain permissible in Ontario courts today
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Request a family violence screening if you have safety concerns, as Ontario's Family Law Rules already permit courts to consider protective measures under Rule 2
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Consult with a family law lawyer who has specific experience with high-conflict custody matters and family violence dynamics
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Contact local domestic violence resources such as Assaulted Women's Helpline (1-866-863-0511) if you need immediate safety planning assistance
The Committee Process Ahead
The Standing Committee on Justice and Human Rights will now review Bill C-223, hear testimony from stakeholders, and potentially propose amendments. Committee review typically takes 2-4 months for family law bills. If the committee reports the bill back to the House with approval, it would proceed to third reading and then to the Senate.
Opponents of the bill, including some fathers' rights organizations, argue it could harm children who genuinely are being alienated from a loving parent. The Canadian Centre for Men and Families has called for amendments that would preserve judicial discretion to address cases of genuine parental interference.
Supporting organizations counter that existing family violence provisions in the Divorce Act already protect children from parents who attempt to damage their relationships. They argue parental alienation theory has been used disproportionately against mothers reporting abuse, citing data showing 73% of parental alienation claims are made against mothers according to a 2022 parliamentary brief.
FAQs
Is parental alienation currently illegal in Ontario?
Parental alienation is not illegal, but it can influence custody decisions. Ontario courts have historically considered whether a parent has interfered with a child's relationship with the other parent as one factor in determining parenting arrangements under the Divorce Act section 16(3)(c). Bill C-223 would prohibit courts from relying on alienation theories.
When would Bill C-223 take effect if passed?
Bill C-223 would take effect on a date fixed by the Governor in Council, typically 6-12 months after receiving Royal Assent. The bill must still pass committee review, third reading in the House of Commons, three readings in the Senate, and receive Royal Assent before becoming law.
Does Bill C-223 eliminate 50-50 custody in Ontario?
Bill C-223 does not eliminate equal parenting time but prohibits courts from presuming 50-50 arrangements where family violence exists or where such arrangements would not serve the child's best interests. Courts could still order equal parenting time in appropriate cases based on evidence.
How does this affect existing Ontario custody orders?
Existing parenting orders would remain in effect. Bill C-223 would apply prospectively to new proceedings and variations. Parents seeking to modify existing orders would need to demonstrate a material change in circumstances under Divorce Act section 17.
What should I do if I am facing parental alienation accusations now?
Gather evidence documenting your parenting involvement, communication attempts, and any safety concerns. Request a views of the child report if your child is old enough. Consult a family law lawyer experienced in high-conflict custody matters immediately, as current law still permits alienation claims.
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.