Bill C-223 Advances: Canada Moves to Ban Parental Alienation Evidence in All Family Court Proceedings
Canada's Bill C-223, the Keeping Children Safe Act, passed second reading 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 evidence, require mandatory family violence screening by lawyers before any parenting proceeding begins, and ban judges from ordering reunification therapy. Nearly 300 advocacy organizations across Canada support the bill, marking one of the most significant proposed changes to federal family law since the 2021 Divorce Act reforms.
Key Facts About Bill C-223
| Aspect | Details |
|---|---|
| What happened | Bill C-223 passed second reading in the House of Commons |
| When | February 4, 2026 |
| Current status | Before Standing Committee on Justice and Human Rights |
| Key prohibitions | Parental alienation evidence, reunification therapy orders |
| New requirement | Mandatory family violence screening before proceedings |
| Support | Nearly 300 advocacy organizations |
What Bill C-223 Would Actually Change
The Keeping Children Safe Act proposes three fundamental changes to how Canadian courts handle parenting disputes. First, courts would be prohibited from receiving or considering evidence that one parent has alienated a child from the other parent. Second, lawyers representing clients in parenting matters would be required to conduct family violence screening before initiating or responding to any court proceeding. Third, judges would lose the authority to order reunification therapy or similar programs designed to restore relationships between children and estranged parents.
These changes would apply to all proceedings under the federal Divorce Act, which governs parenting arrangements when married couples separate. Provincial family law statutes, including Ontario's Children's Law Reform Act, would remain technically separate but would likely follow suit through provincial amendments or judicial interpretation.
How Ontario Courts Currently Handle Parental Alienation Claims
Ontario family courts have historically taken a cautious but not dismissive approach to parental alienation evidence. Under the current framework established by the 2021 Divorce Act amendments, courts must consider family violence as a primary factor when determining parenting arrangements. The Act already requires judges to look at patterns of coercive and controlling behavior, which can include both genuine abuse and, in some cases, efforts to undermine a child's relationship with the other parent.
The Ontario Court of Appeal addressed alienation claims in several notable decisions, establishing that while courts should not automatically accept alienation theories, evidence of one parent systematically damaging the child's relationship with the other parent remains relevant to the best interests analysis. Bill C-223 would overturn this approach entirely, removing alienation-related evidence from judicial consideration regardless of the specific circumstances.
The Family Violence Screening Requirement
Perhaps the most immediately practical change would be the mandatory screening requirement. Currently, lawyers in Ontario are encouraged but not required to screen clients for family violence before proceeding with parenting disputes. Bill C-223 would make this screening mandatory, with lawyers required to document that screening occurred before filing any parenting-related motion or application.
The Law Society of Ontario already recommends family violence screening as part of competent representation, but enforcement has been inconsistent. Under the proposed legislation, failure to conduct and document screening could constitute professional misconduct. This change aligns with recommendations from the National Action Committee on Access to Justice, which found that early identification of family violence improves outcomes for children and reduces court time by an average of 3.2 months per case.
The Reunification Therapy Ban
Bill C-223 would prohibit courts from ordering reunification therapy, sometimes called reunification camps or programs, which are designed to rebuild relationships between children and parents from whom they have become estranged. Critics of these programs argue they often traumatize children by forcing contact with abusive parents, while supporters contend they serve an important function in cases where children have been genuinely manipulated by one parent against the other.
Ontario courts have ordered reunification-type interventions in approximately 2-3% of contested parenting cases over the past five years, according to data from the Office of the Children's Lawyer. The proposed ban would eliminate this option entirely, leaving courts with fewer tools to address situations where children refuse contact with a parent for reasons that may or may not relate to abuse or genuine safety concerns.
Practical Takeaways for Ontario Families
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If you are currently involved in a parenting dispute where alienation claims are central to either party's position, consult with your lawyer immediately about how Bill C-223's potential passage might affect your case strategy.
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Parents who have experienced family violence should understand that the proposed mandatory screening requirement would create a documented record of violence disclosures earlier in the legal process, potentially strengthening protective measures.
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Parents concerned about maintaining relationships with their children should explore therapeutic interventions voluntarily now, as court-ordered options may become unavailable if the legislation passes.
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Document all communications and interactions with your children and co-parent carefully, as the types of evidence courts will consider may shift significantly depending on this bill's outcome.
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Expect the Standing Committee review process to take 3-6 months, with potential amendments before any third reading vote in the House of Commons.
What Happens Next
The Standing Committee on Justice and Human Rights will conduct hearings, receive written submissions, and potentially amend the bill before returning it to the House of Commons for third reading. Given the nearly 300 organizations supporting the legislation and the current government's focus on gender-based violence prevention, passage remains likely though not guaranteed.
Ontario family lawyers anticipate significant practice changes if Bill C-223 becomes law. The Law Society of Ontario would likely need to update practice guidelines within 90 days of royal assent, and courts would need to revise case management protocols to implement the screening requirements.
Frequently Asked Questions
When would Bill C-223 take effect if passed?
Bill C-223 would likely take effect 6-12 months after receiving royal assent, based on typical implementation timelines for family law legislation. The mandatory screening requirements would need time for lawyer training and protocol development, while the evidentiary prohibitions could take effect more quickly. Most family law reforms in Canada include transition provisions for cases already before the courts.
Does Bill C-223 apply to unmarried parents in Ontario?
Bill C-223 directly amends the federal Divorce Act, which applies only to married couples. However, Ontario's Children's Law Reform Act governs unmarried parents and would likely be amended to align with federal changes. Provincial legislators typically harmonize family law provisions within 12-18 months of federal reforms, as occurred following the 2021 Divorce Act amendments.
Can I still raise concerns about my ex manipulating our children?
Yes, but the framing would change significantly under Bill C-223. Rather than presenting evidence labeled as parental alienation, parents would need to focus on specific behaviors and their impact on the child's best interests. Courts would still consider whether a parent supports the child's relationship with the other parent under the existing Divorce Act Section 16(3)(c) factors.
What is the mandatory family violence screening requirement?
Under Bill C-223, lawyers would be required to screen all clients for family violence before filing any parenting-related court documents. This screening must be documented and would become part of the case record. The requirement aims to identify safety concerns early, allowing courts to implement protective measures before standard disclosure and mediation processes begin.
How might this affect existing court orders for reunification therapy?
Existing court orders would likely remain in effect through their specified duration, as legislation typically does not apply retroactively to final orders. However, any requests to extend or modify existing reunification therapy orders would be evaluated under the new prohibition if Bill C-223 passes. Parents currently subject to such orders should consult with counsel about their specific circumstances.
Connect With an Ontario Family Lawyer
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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.