Bill C-223 Passes Second Reading, Moving Canada Closer to Banning Parental Alienation Claims in Family Court
Canada's Bill C-223, the Keeping Children Safe Act, passed second reading in Parliament on February 4, 2026, and would prohibit courts from considering "parental alienation" as a factor in parenting arrangement decisions. The bill, backed by nearly 300 advocacy organizations, now sits before the Standing Committee on Justice and Human Rights. For Ontario parents navigating separation, this legislation could fundamentally reshape how family courts evaluate claims of estrangement between a child and a parent.
| Key Facts | Details |
|---|---|
| What happened | Bill C-223 passed second reading in Parliament on February 4, 2026 |
| Sponsor | Liberal MP Lisa Hepfner |
| Current status | Before the Standing Committee on Justice and Human Rights |
| Who is affected | All parents in Canadian family law proceedings across 13 provinces and territories |
| Key statute amended | Divorce Act, R.S.C. 1985, c. 3 (federal) |
| Support | Nearly 300 organizations including the National Association of Women and the Law |
The Bill Targets Four Major Changes to Federal Family Law
Bill C-223 proposes four concrete reforms to how Canadian courts handle parenting disputes. First, courts would be prohibited from considering parental alienation — or any similar concept under a different label — when making parenting arrangement orders. Second, the bill would require all family law lawyers to screen clients for domestic violence before proceeding with any case. Third, courts would be banned from ordering reunification therapy, a controversial practice where children are placed in programs designed to restore relationships with an estranged parent. Fourth, children would be given a direct voice in proceedings that affect their lives.
The Divorce Act, R.S.C. 1985, c. 3 was last significantly amended in 2021, when Parliament added Section 16(3)(j), which already requires courts to consider family violence when determining the best interests of the child. Bill C-223 would build on that framework by removing one of the most common counter-arguments raised against family violence claims in court.
Why This Matters for Ontario Family Law Cases
Ontario family courts currently hear parental alienation arguments in a significant number of contested parenting disputes. Research from the National Association of Women and the Law indicates that alienation claims are disproportionately raised against mothers who report domestic violence — with studies suggesting the concept is invoked in approximately 20-25% of high-conflict parenting cases in Canadian courts.
Under the current framework, Section 16 of the Divorce Act requires courts to consider the "best interests of the child" as the only consideration when making parenting orders. The 2021 amendments added 14 specific factors courts must weigh, including family violence under Section 16(3)(j) and each parent's willingness to support the child's relationship with the other parent under Section 16(3)(c). Parental alienation claims typically arise under that willingness-to-support factor, where one parent argues the other is deliberately undermining the child's relationship.
Bill C-223 would effectively remove alienation as a recognized framework for that analysis. Ontario Superior Court Justice Rachel Kraft noted in a 2024 decision that alienation claims create a "he said, she said" dynamic that often overshadows evidence of actual harm to children. The bill's supporters argue this is precisely the problem — that alienation theory allows abusive parents to reframe a child's legitimate fear as manipulation by the protective parent.
Critics, including some family law practitioners and the Canadian Bar Association's family law section, argue the bill removes a necessary judicial tool. Their position holds that genuine cases of one parent poisoning a child's relationship with the other parent do exist, and that courts need the flexibility to address them. The Ontario Bar Association has not taken an official position on the bill but has called for careful committee study.
How Ontario's Provincial Framework Interacts with Federal Reform
Family law in Ontario operates under two overlapping statutes. The federal Divorce Act governs parenting arrangements for married couples seeking divorce, while Ontario's Children's Law Reform Act, R.S.O. 1990, c. C.12 governs arrangements for unmarried parents and married parents who have not filed for divorce. Bill C-223 would only directly amend the federal statute.
This creates a potential gap. An estimated 38% of Canadian children are born to unmarried parents, according to Statistics Canada's 2021 census data. For those families in Ontario, parenting disputes fall under the provincial Children's Law Reform Act, which Bill C-223 does not touch. Ontario would need to pass complementary provincial legislation to close that gap — something that has not yet been proposed.
The 2021 Divorce Act amendments already harmonized much of the language between federal and provincial family law. Ontario updated the Children's Law Reform Act in 2021 to mirror the federal best-interests factors and replace "custody" with "decision-making responsibility" and "parenting time." If Bill C-223 passes, pressure would mount on Ontario's legislature to make matching changes.
The Domestic Violence Screening Mandate Changes Lawyer Obligations
One of the less-discussed provisions of Bill C-223 would require every family law lawyer in Canada to screen clients for domestic violence at intake. Currently, screening is recommended by the Law Society of Ontario but not mandatory. The Family Law Rules (O. Reg. 114/99) require parties to complete a Form 35.1 affidavit in cases involving parenting or contact, which includes questions about family violence, but this is a self-reporting document rather than a structured screening by a trained professional.
The bill would make screening a professional obligation enforceable by provincial law societies. This means Ontario's approximately 4,500 family law practitioners would need to implement standardized screening protocols. The National Association of Women and the Law has recommended adopting the Danger Assessment tool developed by Dr. Jacquelyn Campbell, which uses a 20-item questionnaire and has been validated across over 30 studies since 1986.
Practical Takeaways for Ontario Parents
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Bill C-223 has not become law yet. It must clear the Standing Committee on Justice and Human Rights, pass third reading in the House, clear the Senate, and receive Royal Assent. This process typically takes 6-18 months, meaning the earliest realistic implementation would be late 2026 or early 2027.
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If you are currently facing alienation claims in an Ontario family court, the existing legal framework under Section 16 of the Divorce Act still applies. Courts will continue to consider willingness to support the child's relationship with the other parent as one of 14 best-interests factors.
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Document everything related to family violence now. If Bill C-223 passes, courts will place even greater weight on documented evidence of domestic violence. Contemporaneous records — texts, emails, police reports, medical records — carry more weight than retrospective accounts.
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Ask your lawyer about domestic violence screening at your next appointment. Even before the bill mandates it, a proper screening can help your lawyer build a stronger case and identify safety risks early.
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If your child has expressed fear of the other parent, consult with a family law lawyer about how to present that evidence under the current best-interests framework. The child's views and preferences under Section 16(3)(e) of the Divorce Act already carry significant weight, particularly for children over age 12.
Frequently Asked Questions
Is parental alienation currently recognized in Ontario courts?
Yes, Ontario courts currently consider parental alienation as a factor in parenting disputes, though it is not a defined legal term in the Divorce Act or the Children's Law Reform Act. Courts evaluate alienation claims under the best-interests framework, specifically the willingness-to-support factor in Section 16(3)(c). Bill C-223 would prohibit this analysis if passed.
When would Bill C-223 take effect if passed?
Bill C-223 passed second reading on February 4, 2026, and is now in committee study. The typical legislative timeline from committee to Royal Assent is 6-18 months. If the bill clears all stages without significant delay, it could take effect in late 2026 or the first half of 2027, though committee amendments could extend that timeline.
Does the bill apply to unmarried parents in Ontario?
No, Bill C-223 amends only the federal Divorce Act, which applies to married couples seeking divorce. Unmarried parents in Ontario fall under the provincial Children's Law Reform Act (R.S.O. 1990, c. C.12), which would require separate provincial legislation to implement matching changes. Approximately 38% of Canadian children are born to unmarried parents according to the 2021 census.
What is reunification therapy and why would the bill ban it?
Reunification therapy is a court-ordered program designed to restore a child's relationship with an estranged parent, sometimes involving removal of the child from the primary parent's home. Bill C-223 would ban courts from ordering reunification therapy because research — including a 2023 report by the National Association of Women and the Law — found these programs can retraumatize children who were estranged due to legitimate safety concerns.
How does the bill give children a voice in proceedings?
Bill C-223 would strengthen children's right to participate in proceedings affecting them, building on the existing Section 16(3)(e) of the Divorce Act, which requires courts to consider the child's views and preferences. The bill would create more structured mechanisms for children to express their perspectives directly, rather than solely through parental testimony or clinical assessments.
Connect with an Ontario family law attorney through our Ontario divorce directory to discuss how pending legislative changes may affect your parenting arrangement case.
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.