Bill C-223 Passes Second Reading, Moves to Eliminate Parental Alienation Defense Nationwide
Bill C-223, known as 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, the legislation would prohibit Canadian family courts from considering parental alienation claims in custody disputes, mandate domestic violence screening by lawyers, and give children a direct voice in proceedings affecting their futures. The bill has backing from over 300 advocacy organizations but faces opposition from the Bloc Québécois.
| Key Facts | Details |
|---|---|
| What happened | Bill C-223 passed second reading in House of Commons |
| When | February 4, 2026 |
| Sponsor | Liberal MP Lisa Hepfner |
| Current status | Before Standing Committee on Justice and Human Rights |
| Key change | Would prohibit parental alienation claims in custody cases |
| Support | 300+ advocacy organizations |
What Bill C-223 Would Change Under the Divorce Act
Bill C-223 proposes four fundamental changes to how Canadian courts handle parenting disputes. First, family courts would be prohibited from considering evidence or arguments that a parent has alienated a child against the other parent. Second, lawyers representing parties in custody matters would be required to screen clients for family violence at the outset of representation. Third, children would gain a direct voice in proceedings through court-appointed representatives or other mechanisms. Fourth, the current presumption favoring maximum parenting time with both parents under Divorce Act s. 16(6) would not apply where there are findings of domestic violence.
The bill responds to concerns that parental alienation claims are used to discredit abuse allegations. According to Law360 Canada's February 2026 analysis, supporters argue these claims disproportionately harm protective parents who raise legitimate safety concerns about the other parent.
How Ontario Courts Currently Handle Parental Alienation Claims
Ontario courts have recognized parental alienation as a factor in custody decisions for decades, though the concept remains controversial among mental health professionals. Under the 2021 amendments to the Divorce Act, courts must consider the best interests of the child as the only consideration when making parenting orders, with specific factors enumerated in section 16(3).
Currently, Ontario judges assess alienation claims within this best interests framework. Courts examine whether a child's rejection of a parent stems from legitimate concerns about that parent's behavior or from improper influence by the other parent. In cases like A.M. v. C.H. (2019 ONCA 764), Ontario courts have found alienation and ordered custody transfers. In other cases, courts have rejected alienation claims as attempts to minimize genuine safety concerns.
The 2021 Divorce Act amendments already require courts to consider family violence when determining parenting arrangements. Section 16(3)(j) lists family violence as a mandatory consideration, and section 16(4) defines family violence broadly to include physical, sexual, psychological, and financial abuse. Bill C-223 would go further by eliminating alienation as a recognized concept entirely.
The Opposition Argument: Alienation as Recognized Psychology
The Bloc Québécois opposes Bill C-223 on the grounds that parental alienation is a recognized psychological phenomenon that courts should be able to consider. Critics of the bill argue that eliminating alienation claims entirely could harm children who are genuinely being manipulated by one parent against the other.
Family law practitioners have raised concerns about judicial discretion. As noted in the Law360 Canada analysis, some argue that family court judges are best positioned to weigh competing claims about alienation and abuse on a case-by-case basis. Removing alienation from the toolkit entirely could leave courts unable to address situations where a parent is demonstrably undermining the child's relationship with the other parent for improper reasons.
The American Psychiatric Association has not included parental alienation syndrome in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), though the World Health Organization's ICD-11 does include a related category for caregiver-child relationship problems. This professional disagreement underlies much of the debate around Bill C-223.
What This Means for Ontario Parents in Custody Disputes
If Bill C-223 becomes law, Ontario parents involved in custody disputes would face a significantly different legal landscape. Parents who believe the other parent is turning their child against them would lose the ability to raise parental alienation as an argument in court. Instead, they would need to frame concerns in other terms, such as the child's best interests or the other parent's failure to support the child's relationship with both parents.
Parents who have experienced domestic violence would gain protections under the bill. The mandatory violence screening requirement would mean lawyers must ask about abuse history early in the representation. The elimination of the equal parenting time presumption in violence cases would shift the burden, making it easier for protective parents to obtain primary parenting arrangements without having to overcome a presumption favoring shared time.
Children would also see changes under the proposed legislation. The requirement for courts to hear directly from children represents a shift toward greater child participation in decisions affecting them. Ontario courts already have mechanisms for this, including the Office of the Children's Lawyer, but Bill C-223 would strengthen these requirements.
Practical Takeaways for Ontario Residents
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Bill C-223 has not yet become law. The Standing Committee on Justice and Human Rights will hold hearings and may propose amendments before the bill returns to the House for third reading. Parents currently in custody disputes should work with existing law.
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Document everything regardless of how the law changes. Whether alienation claims remain available or are eliminated, courts will continue to assess children's best interests based on evidence. Keep records of communications, parenting time exchanges, and any concerns about the child's wellbeing.
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If you are experiencing domestic violence, current law already provides protections. The 2021 Divorce Act amendments require courts to consider family violence under section 16(3)(j). You do not need to wait for Bill C-223 to raise safety concerns.
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Consult a family lawyer about how these potential changes might affect your case. The bill's progress through committee and potential amendments will shape its final form.
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Parents concerned about a child's relationship deteriorating should address the issue proactively with the court rather than waiting. Whether through motion for parenting coordination, family counseling orders, or other interventions, courts have tools to address relationship problems between parents and children.
Frequently Asked Questions
When will Bill C-223 become law?
Bill C-223 passed second reading on February 4, 2026, and is now before the Standing Committee on Justice and Human Rights. Committee review typically takes 2-6 months. The bill must then pass third reading in the House and proceed through the Senate before receiving Royal Assent. Final passage could occur in late 2026 at the earliest.
Can I still raise parental alienation in my Ontario custody case today?
Yes, parental alienation remains a recognized consideration in Ontario family courts as of April 2026. Until Bill C-223 becomes law, courts can consider evidence that one parent is improperly influencing a child against the other parent. Current cases should proceed under existing Divorce Act provisions and Ontario case law.
How does Bill C-223 affect the presumption of equal parenting time?
Bill C-223 would eliminate the equal parenting time presumption in cases involving domestic violence. Under current Divorce Act section 16(6), courts must give effect to maximum parenting time consistent with the child's best interests. The bill would remove this presumption where violence is established, shifting the analysis toward protective arrangements.
What is the mandatory violence screening requirement?
Bill C-223 would require lawyers representing parties in custody matters to screen clients for family violence history. This means lawyers would ask about physical, psychological, sexual, and financial abuse at the beginning of representation. The screening is intended to identify safety concerns early and ensure they are properly addressed in the legal strategy.
Will children be required to testify in court under Bill C-223?
No, Bill C-223 does not require children to testify directly in court proceedings. The bill provides for children to have a direct voice through court-appointed representatives or other mechanisms. Ontario already uses the Office of the Children's Lawyer to represent children's interests and views without requiring courtroom testimony.
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.