Bill C-223, introduced in January 2026 and now advancing through the House of Commons, would amend Canada's Divorce Act to require lawyers to screen every client for family violence, formally recognize coercive control's harm to children, and allow judges to interview children directly through an amicus curiae. For Ontario parents, this signals a major shift toward child-safety-first parenting decisions.
Key Facts
| Item | Detail |
|---|---|
| What happened | Bill C-223 proposes mandatory family violence screening by lawyers, recognition of coercive control, and judicial interviews of children |
| When | Introduced January 2026; currently advancing through the House of Commons |
| Where | Federal — applies to all provinces including Ontario, BC, Alberta, Quebec, Manitoba, Saskatchewan, Nova Scotia |
| Who's affected | Divorcing parents, family lawyers, judges, and children in contested parenting cases |
| Key statute | Amends the federal Divorce Act (building on the 2021 amendments, RSC 1985, c 3 (2nd Supp)) |
| Impact | Screening becomes mandatory; children gain a direct voice; coercive control weighed in parenting orders |
Why this matters legally
Bill C-223 would make family violence screening a mandatory professional obligation rather than a discretionary best practice. Under the current Divorce Act, section 7.3 already directs lawyers to encourage clients toward family dispute resolution and, under section 16, requires courts to consider family violence when determining the best interests of the child. C-223 goes further: it converts screening from a recommended step into a legal duty and codifies coercive control as a distinct, harm-causing form of violence that judges must weigh.
This matters because the 2021 amendments already expanded the definition of family violence to include a pattern of coercive and controlling behaviour, even where no single act is criminal. C-223 builds on that foundation by directly rebutting the persistent myth that violence ends at separation. Empirical research consistently shows the post-separation period is among the highest-risk windows for escalation, and the bill embeds that reality into the statutory framework courts apply when crafting parenting arrangements.
The most novel provision is the mechanism allowing a judge to hear directly from a child through a private interview facilitated by an amicus curiae — a neutral "friend of the court." Currently, Ontario children's views typically reach a judge indirectly through an Office of the Children's Lawyer report or a Voice of the Child Report. A direct judicial interview would give the child's perspective unusual procedural weight while insulating the child from courtroom cross-examination.
How Canadian law handles this
Canadian family law treats parenting arrangements through the federal Divorce Act for married couples and provincial statutes for unmarried parents. In Ontario, unmarried parents are governed by the Ontario Statute § 21 framework under the Children's Law Reform Act, while divorcing spouses fall under the federal Divorce Act. Both regimes now anchor decisions in the best interests of the child, with family violence as an explicit statutory factor.
The 2021 Divorce Act reforms replaced "custody" and "access" with parenting orders that allocate decision-making responsibility and parenting time — a deliberate move away from possessory language. Ontario mirrored this shift provincially. Under this modern framework, a parent's history of coercive control directly informs how a court allocates decision-making responsibility, and Bill C-223 would strengthen the evidentiary pathway for surfacing that history early through mandatory screening.
Coercive control matters because it captures conduct that older statutes missed: financial control, isolation, surveillance, and threats that never produce a police report yet devastate a household. The Divorce Act's best-interests test under section 16 already lists the nature and seriousness of family violence, its impact on the child, and any pattern of coercive behaviour. C-223 would require lawyers to identify these patterns before litigation hardens, meaning safety concerns shape the divorce process from the first consultation rather than emerging mid-trial.
Because these are federal amendments, the changes would apply uniformly across British Columbia, Alberta, Quebec, Manitoba, Saskatchewan, and Nova Scotia for divorcing spouses. Provincial legislation governing unmarried parents would need parallel updates to achieve full consistency, a gap Ontario has partially closed through its own no-fault divorce and best-interests reforms.
Practical takeaways
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Expect a screening conversation at your first meeting. If Bill C-223 passes, your Ontario family lawyer will be legally required to ask direct questions about safety, control, and past violence — including subtle patterns like financial restriction or monitoring. Answer candidly; this shapes the parenting arrangements a court will consider.
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Document coercive control, not just physical incidents. Save texts, financial records, and a dated log of controlling behaviour. Under the Divorce Act's post-2021 definition, a pattern of coercive conduct is legally relevant even without a criminal charge.
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Understand your child may be heard directly. If C-223's judicial-interview mechanism becomes law, a judge could speak with your child privately through an amicus curiae. Prepare your child for a supportive, non-adversarial conversation rather than coaching them.
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Confirm your residency and timeline early. Ontario requires one year of residency before filing under the residency requirements. Use our Ontario divorce timeline tool to map realistic milestones.
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Budget for a potentially longer safety-focused process. Contested cases involving family violence often require additional assessments. Estimate costs with our Ontario divorce cost estimator and build a personalized divorce roadmap before you file.
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Get local guidance. Family violence provisions are fact-intensive. If safety is a concern, consult a qualified lawyer or find a divorce attorney who handles high-conflict parenting matters, and in an emergency call 911 or the assaulted-women's crisis line at 1-866-863-0511.
If you are navigating a separation where safety, control, or your child's voice is a concern, understanding these proposed changes now can help you prepare. A brief conversation with a family law professional can clarify how the current Divorce Act — and the reforms on the horizon — apply to your specific situation.
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.