Canada's Bill C-223, the Keeping Children Safe Act, passed second reading in the House of Commons on February 4, 2026, and now sits before the Standing Committee on Justice and Human Rights. If enacted, it would amend the federal Divorce Act to prohibit courts from considering 'parental alienation' claims, ban court-ordered reunification therapy, and require lawyers to screen every family-law client for family violence.
Key Facts
| Item | Detail |
|---|---|
| What happened | Bill C-223 (Keeping Children Safe Act) passed second reading in the House of Commons |
| When | February 4, 2026; now before the Standing Committee on Justice and Human Rights |
| Where | Federal — applies to all Divorce Act matters in every province including Ontario |
| Who's affected | Divorcing parents, family-law lawyers, and children in contested parenting cases |
| Key statute | Amends the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) |
| Impact | Bars parental alienation defense, prohibits reunification-therapy orders, mandates lawyer family-violence screening, recognizes coercive control |
Why this matters legally
Bill C-223 would remove a category of argument that currently shapes contested parenting cases across Canada. As reported by the Ontario Bar Association, the bill prohibits courts from considering claims of 'parental alienation,' bans court-ordered reunification therapy, formally recognizes coercive control as a form of family violence, requires lawyers to screen clients for family violence, and lets judges hear directly from children. Because it amends the federal Divorce Act, the changes would apply uniformly in Ontario, Alberta, British Columbia, Quebec, Manitoba, Saskatchewan, Nova Scotia, and New Brunswick.
The bill is backed by nearly 300 advocacy groups but faces opposition from practitioners who warn it strips essential judicial discretion. The legal tension is real: 'parental alienation' has been used both to protect children from a genuinely alienating parent and, critics argue, to discredit legitimate abuse allegations. By removing the concept entirely, Bill C-223 forces a binary — courts would analyze conduct through the family-violence lens the 2021 Divorce Act amendments already introduced, rather than through a contested alienation framework.
How Canadian law handles this
Canada already screens family-violence factors under the current Divorce Act. The 2021 amendments to the Divorce Act (in force March 1, 2021) added a definition of 'family violence' at section 2 that expressly includes coercive and controlling behaviour, and required courts to consider family violence when determining the best interests of the child under section 16. Bill C-223 builds on that foundation rather than replacing it — it would elevate coercive control from a listed factor to a formally recognized statutory category and impose a positive duty on lawyers to screen for violence.
In Ontario, provincially-governed parenting matters (for unmarried parents) proceed under the Children's Law Reform Act, while divorce-linked parenting orders flow from the federal Divorce Act. The Children's Law Reform Act was itself amended in March 2021 to mirror the federal 'best interests' framework and adopt the language of 'parenting time' and 'decision-making responsibility' in place of custody and access. Because Bill C-223 targets the Divorce Act, married Ontario couples divorcing federally would feel the change first; unmarried parents under provincial law would only be affected if Ontario passed parallel amendments.
Canadian courts already move away from custody language. Since the 2021 reforms, judges determine parenting arrangements and allocate decision-making responsibility using the best-interests test, weighing the child's needs, each parent's willingness to support the child's relationship with the other parent, and any history or risk of family violence. Bill C-223 would sharpen the family-violence weighting while removing the alienation counter-argument from a responding parent's toolkit.
Practical takeaways
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If you are contemplating a Divorce Act filing in Ontario in 2026, understand that a parental alienation defense may not survive committee review — build your parenting position on documented best-interests evidence and the child's actual relationships, not on alienation allegations.
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Document any family-violence concerns, including coercive and controlling behaviour, with dates and specifics. Under the current Divorce Act section 2 definition and Bill C-223's expanded recognition, coercive control is directly relevant to parenting arrangements.
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Expect your lawyer to screen you for family violence at intake. If Bill C-223 passes, this screening becomes a mandatory professional duty rather than a best practice — answer candidly, as it shapes how your file is handled.
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If reunification therapy has been discussed in your matter, monitor the bill's progress. A court's ability to order reunification therapy could be removed, changing settlement strategy for parents estranged from a child.
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Track the Standing Committee on Justice and Human Rights. A private member's bill that passes second reading still faces committee amendments, third reading, and Senate review — Bill C-223 is not yet law, and its final text may change before Royal Assent.
If you are navigating a contested parenting matter in Ontario or elsewhere in Canada, a family law lawyer can explain how the current Divorce Act framework applies to your facts today and how proposed reforms like Bill C-223 might affect your strategy. Every parenting case turns on its own evidence, and the law in this area is actively changing.
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.