Bill C-223 Would Block Equal Parenting Presumption When Family Violence Exists
Canada's proposed Bill C-223, introduced by Liberal MP Lisa Hepfner, would explicitly prohibit courts from applying any presumption of equal parenting time in divorce cases involving family violence. Supported by nearly 300 advocacy organizations including the National Association of Women and the Law, this legislation directly responds to concerns that equal parenting presumptions can endanger survivors and children in high-conflict separations.
| Key Facts | Details |
|---|---|
| What happened | Bill C-223 introduced to amend Canada's Divorce Act |
| Introduced by | Liberal MP Lisa Hepfner |
| Supporters | Nearly 300 organizations including NAWL |
| Key change | Rejects equal parenting presumption in family violence cases |
| Additional provision | Gives children greater opportunity to express views directly to judges |
| Jurisdictions affected | All Canadian provinces and territories |
What Bill C-223 Actually Proposes
Bill C-223 targets Section 16 of the Divorce Act, which currently requires courts to consider the maximum parenting time principle when determining parenting arrangements. The proposed amendments would create an explicit exception: when family violence is present or alleged, courts cannot start from a presumption that children should spend equal time with both parents.
The bill defines family violence broadly under the existing Divorce Act § 2(1), which includes physical abuse, sexual abuse, psychological abuse, financial abuse, threats, harassment, stalking, and failure to provide necessities of life. This definition already exists in the 2021 amendments to the Divorce Act, but Bill C-223 would strengthen how courts apply it in parenting determinations.
A second major provision would require courts to provide children with direct opportunities to express their views to judges, rather than relying solely on assessors or counsel to relay those preferences. Currently, Ontario courts typically hear children's views through the Office of the Children's Lawyer or custody assessments, which can cost $15,000 to $25,000 and take 6 to 12 months to complete.
Why This Matters for Ontario Families
Ontario courts already consider family violence as a primary factor under the Children's Law Reform Act § 24, which mirrors the federal Divorce Act provisions. However, the current framework still begins with the maximum parenting time principle, requiring judges to work backward from equal time rather than forward from child safety.
Bill C-223 would flip this approach in violence cases. Ontario Superior Court judges would start their analysis with the question of safety rather than the question of equal time. This represents a fundamental shift in how parenting motions would be argued and decided.
Data from Statistics Canada's 2019 Survey of Safety in Public and Private Spaces found that 44% of women who experienced intimate partner violence reported that their children witnessed the violence. The same survey found that 79% of police-reported family violence victims were women. These statistics underpin the advocacy coalition's argument that equal parenting presumptions can force ongoing contact between survivors and abusers.
How Ontario Currently Handles Family Violence in Parenting Cases
Under the current Divorce Act § 16(3), Ontario courts must consider the presence of family violence and its impact on the child's ability to care for the child, the child's well-being, and the appropriateness of requiring cooperation between the parties.
Ontario judges apply a two-part test established in Barendregt v. Grebliunas, 2022 SCC 22: first, determine whether family violence exists, then assess its impact on the best interests analysis. The Supreme Court of Canada held that family violence does not automatically preclude parenting time, but it must be given significant weight.
The Ontario Court of Appeal in A.M. v. C.H., 2019 ONCA 764 clarified that documented family violence creates a presumption against unsupervised parenting time, but this falls short of the explicit statutory bar that Bill C-223 would create.
Current Ontario practice shows that approximately 35% of contested parenting cases involve allegations of family violence, according to 2023 data from the Ontario Superior Court of Justice. Of those cases, roughly 60% result in some form of supervised or restricted parenting arrangement for the accused parent.
What the Children's Voice Provision Would Change
Bill C-223's second major provision addresses how children's views reach the court. Currently, Ontario children can have their views heard through several mechanisms: the Office of the Children's Lawyer (which accepts approximately 30% of referrals due to capacity constraints), private custody assessments, or in rare cases involving mature teenagers, direct testimony.
The bill would require courts to offer children an opportunity to speak directly to judges in an age-appropriate manner. This mirrors approaches used in Australia and several European jurisdictions, where judicial interviews with children are more common.
Ontario's current threshold for considering children's views comes from the Children's Law Reform Act § 64, which states that courts shall consider the child's views and preferences, giving due weight to the child's age and maturity. Bill C-223 would strengthen the process for gathering those views rather than changing the substantive weight given to them.
Practical Takeaways for Ontario Residents
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Document family violence contemporaneously if you are experiencing it. Police reports, medical records, and contemporaneous journal entries carry significant weight in Ontario courts and would become even more important under Bill C-223's framework.
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Understand that Bill C-223 has not passed. The current maximum parenting time principle in Divorce Act § 16(6) remains the law. Your parenting case today will be decided under existing legislation.
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Request an Office of the Children's Lawyer appointment early if your children's views are relevant. Wait times in Ontario can exceed 4 to 6 months, and OCL capacity is limited.
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Prepare for either outcome. If Bill C-223 passes, family violence allegations will carry even greater procedural significance. If it fails, the current framework requiring courts to balance maximum parenting time against safety concerns will continue.
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Consult with a family law lawyer about how family violence findings affect parenting arrangements in your specific circumstances. The 2021 Divorce Act amendments already require courts to consider violence, and experienced counsel can advise on how Ontario courts are currently applying these provisions.
Frequently Asked Questions
Does Bill C-223 automatically prevent an accused parent from seeing their children?
No, Bill C-223 does not create an automatic bar to parenting time. The bill would prevent courts from starting with an equal time presumption when family violence exists, but judges would still conduct individualized best interests analyses under Divorce Act § 16(1). Even with the bill's passage, supervised parenting time or structured access arrangements could still be ordered.
What counts as family violence under the Divorce Act?
Family violence under Divorce Act § 2(1) includes physical abuse, sexual abuse, threats, psychological abuse, financial abuse, harassment, stalking, failure to provide necessities, and killing or harming animals or property to intimidate a family member. The definition is intentionally broad and does not require criminal charges or convictions.
How would my child speak directly to a judge under Bill C-223?
Bill C-223 would require courts to provide age-appropriate opportunities for children to express their views directly to judges. This could include private judicial interviews, video recordings, or written submissions depending on the child's age and maturity. Ontario currently allows judicial interviews in limited circumstances, but the bill would make this option more routinely available.
When might Bill C-223 become law?
Private member's bills like C-223 face significant procedural hurdles. As of January 2026, the bill has been introduced but must pass through three readings in the House of Commons and three readings in the Senate before receiving Royal Assent. The current parliamentary calendar and political dynamics make passage timeline uncertain, potentially extending 12 to 24 months or longer if the bill advances.
Does this bill affect only divorce cases or all parenting disputes?
Bill C-223 amends the federal Divorce Act, which applies only to married couples seeking divorce. Unmarried parents in Ontario have their parenting arrangements governed by the provincial Children's Law Reform Act, which would not be directly amended by this federal bill. However, Ontario courts often apply similar principles across both statutes.
Moving Forward
Bill C-223 reflects an ongoing national conversation about how Canadian family courts balance parenting time against safety concerns. Ontario families navigating separation should monitor this legislation while working within the current legal framework.
If you have questions about how family violence affects parenting arrangements in Ontario, speaking with a family law lawyer can help you understand how courts are currently applying the Divorce Act provisions and what Bill C-223 might mean for your 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.