What is Bill C-223, the Keeping Children Safe Act?

Bill C-223 is a private member's bill that passed second reading in 2024 to amend Canada's federal Divorce Act. It would require lawyers to screen for family violence, limit parental-alienation defenses, ban forced reunification therapy, and let judges hear directly from children.

Does Bill C-223 apply in Ontario?

Yes. Bill C-223 amends the federal Divorce Act, which governs divorcing married couples in every province, including Ontario. Ontario's Children's Law Reform Act § 24 already mirrors the 2021 family-violence provisions, so the bill would reinforce protections that Ontario courts increasingly apply.

Would Bill C-223 ban parental-alienation claims entirely?

No. Bill C-223 would limit — not eliminate — parental-alienation defenses, particularly where they overlap with reported family violence. Courts would still weigh legitimate concerns, but the bill signals judicial skepticism toward alienation claims used to discredit abuse survivors under the Divorce Act's best-interests test.

What is forced reunification therapy and why does the bill target it?

Forced reunification therapy compels a child to reconnect with a resisted parent, sometimes through intensive programs. Bill C-223 would bar courts from ordering it nationwide, reflecting concerns that the intervention can harm children. Ontario courts already discourage it, but the bill makes the prohibition explicit.

How does family violence affect parenting arrangements in Ontario?

Under Divorce Act § 16(3) and Ontario's Children's Law Reform Act § 24, courts must weigh family violence — including coercive control — when determining parenting arrangements. Since 2021, both statutes define violence broadly, capturing psychological and financial abuse, not only physical assault.

Bill C-223 Clears Committee: Divorce Act Reform on Family Violence

Canada's Bill C-223, the Keeping Children Safe Act, cleared second reading and advanced to committee review in 2024 — a rare milestone for a private member's bill. It would amend the federal Divorce Act to require lawyers to screen for family violence, let courts weigh coercive control, permit judges to hear directly from children, and curb parental-alienation defenses and forced reunification therapy nationwide.

Key Facts

Detail	Summary
What happened	Bill C-223 (Keeping Children Safe Act) passed second reading and entered committee review
When	2024 parliamentary session
Where	Federal — applies to all Canadian provinces including Ontario
Who's affected	Divorcing parents, family lawyers, children in high-conflict cases
Key statute	Amends the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)
Impact	Mandatory family-violence screening, limits on alienation claims, ban on forced reunification therapy

The Ontario Bar Association reported that the bill builds on the 2021 Divorce Act reforms, which first introduced family violence as an explicit factor in parenting determinations. Bill C-223 pushes that framework further by imposing affirmative duties on legal advisers and constraining defenses that critics say re-traumatize abuse survivors.

Why this matters legally

Bill C-223 would transform family-violence screening from a best practice into a statutory duty for every Canadian family lawyer. Under the current Divorce Act § 7.7, legal advisers must already encourage clients to consider the best interests of the child and inform them about family justice services. Bill C-223 sharpens this obligation by requiring advisers to actively screen for family violence and help implement a safety plan before advising on parenting arrangements.

The bill also directly targets three contested courtroom tactics. First, it would limit the use of parental-alienation claims — allegations that one parent has turned a child against the other — which family-violence advocates argue are frequently deployed to discredit abuse survivors. Second, it would bar courts from ordering forced reunification therapy, a controversial intervention that compels children to reconnect with a parent they resist. Third, it prohibits judges from drawing what the bill calls "myth" inferences, such as the assumption that family violence ends once spouses separate.

Courts would also gain express authority to weigh how coercive control damages the parent-child relationship, and judges could hear directly from children rather than relying solely on assessors. This aligns Canadian family law with a growing international recognition that domestic violence and coercive control are central — not peripheral — to child-safety determinations.

How Canadian law handles this

Ontario applies both federal and provincial family law, so Bill C-223 would layer onto an already dense statutory framework. Divorcing married couples fall under the federal Divorce Act § 16, which since 2021 has required courts to consider family violence — including coercive and controlling behaviour — when determining parenting arrangements and parenting time. The Act's best-interests test at § 16(3) lists specific violence-related factors, including the pattern of coercive behaviour and any prior civil or criminal proceedings.

For unmarried parents and property-adjacent parenting disputes, Ontario's Children's Law Reform Act § 24 governs, and it was amended in 2021 to mirror the federal family-violence provisions. Both statutes now define family violence broadly, capturing psychological, financial, and coercive conduct — not only physical assault. Bill C-223 would reinforce this by codifying that courts cannot presume violence stops at separation, a period research identifies as the most dangerous for survivors.

Ontario courts already discourage forced reunification therapy in practice, but Bill C-223 would make the prohibition explicit and nationwide. Parents navigating high-conflict separations should understand how decision-making responsibility and parenting time are assessed, because family-violence findings can significantly alter both. Options like mediation and collaborative divorce remain available, though screening rules require professionals to assess safety before recommending any consensual process.

Practical takeaways

Document everything. If family violence or coercive control is part of your separation, keep a dated record of incidents, communications, and any police or civil proceedings. Under Divorce Act § 16(4), courts weigh the pattern and recency of coercive behaviour, so contemporaneous records carry real evidentiary weight.
Expect screening questions from your lawyer. Even before Bill C-223 becomes law, Ontario family lawyers increasingly screen for violence. If your adviser raises safety planning, engage fully — this is a protective step, not an obstacle to your case.
Understand the alienation debate. If you anticipate a parental-alienation allegation, know that Bill C-223 signals judicial skepticism toward such claims when they overlap with reported violence. Consult counsel about how to present legitimate concerns without triggering myth-based inferences.
Prepare for children's voices. The bill expands judges' ability to hear directly from children. If your case involves older children with clear preferences, discuss with your lawyer how their views may be presented in a developmentally appropriate way.
Map your next steps early. Building a personalized divorce roadmap helps you anticipate how family-violence provisions apply to your circumstances. Understanding the divorce process in Ontario reduces surprises when screening and safety-planning rules apply.

If you are separating in Ontario and family violence, coercive control, or a potential alienation dispute is part of your situation, connecting with a qualified family lawyer early can help you understand how these evolving rules affect your case. You can find a divorce attorney familiar with Ontario's family-violence framework to discuss your options.

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.