Bill C-223: Canada May End Shared Custody Default in Abuse Cases

Bill C-223 Would Remove Equal Parenting Time Assumption in Family Violence Cases

Canada's Bill C-223, introduced by Liberal MP Lisa Hepfner, proposes critical amendments to the federal Divorce Act that would eliminate the presumption of shared parenting time where family violence is present. Backed by nearly 300 advocacy organizations across Canada, the bill strengthens judicial guidance on identifying coercive control and expands children's rights to express their views directly to judges. Ontario family courts would see significant changes in how parenting arrangements are determined in abuse-related cases if the bill passes its expected vote in the coming months.

Key Facts

Why This Matters for Ontario Families

Bill C-223 directly addresses a longstanding tension in Canadian family law between promoting shared parenting and protecting abuse survivors. Under current Divorce Act § 16.3, courts must consider family violence as a primary factor in determining parenting arrangements. However, the existing framework still begins with an underlying assumption that maximum parenting time with both parents serves the child's best interests under section 16(6).

The proposed amendments would fundamentally shift this approach. Where credible evidence of family violence exists, courts would no longer start from the premise that shared parenting time is presumptively beneficial. Instead, judges would evaluate parenting arrangements with explicit recognition that exposure to an abusive parent may cause ongoing harm to children.

This change responds to documented cases where family courts have ordered shared parenting despite substantiated abuse allegations. According to research from the Canadian Department of Justice, approximately 30% of family law cases involve allegations of family violence. The current framework places significant burden on abuse survivors to prove why equal parenting time would be harmful, rather than requiring the alleged abuser to demonstrate they can parent safely.

How Ontario Courts Currently Handle Family Violence

Ontario family courts apply the best interests of the child standard under the Children's Law Reform Act, R.S.O. 1990, c. C.12, § 24 for provincial matters and the federal Divorce Act for divorce proceedings. Both frameworks require courts to consider family violence, but neither explicitly eliminates shared parenting assumptions in abuse cases.

The 2021 Divorce Act amendments introduced expanded definitions of family violence under section 2(1), including coercive and controlling behavior, psychological abuse, financial abuse, and threats to harm animals. Courts must now consider direct violence against any family member and indirect exposure of children to family violence.

Bill C-223 would strengthen these provisions by:

1. Providing clearer judicial guidance on identifying patterns of coercive control that may not involve physical violence
2. Removing the implicit starting assumption that children benefit from equal time with both parents where violence is established
3. Creating structured mechanisms for children to share their views directly with judges rather than solely through assessors
4. Requiring courts to consider post-separation abuse patterns, including litigation abuse and manipulation of parenting arrangements

Ontario Superior Court decisions have increasingly recognized coercive control as a form of family violence. In recent jurisprudence, courts have cited the 2021 amendments to deny shared parenting time where one parent demonstrated patterns of psychological manipulation, even absent physical violence. Bill C-223 would codify and expand this approach.

What Bill C-223 Changes Specifically

The bill proposes three primary amendments to the Divorce Act:

First, it would add explicit language stating that equal or near-equal parenting time should not be presumed where credible evidence of family violence exists. This reverses the current analytical framework where survivors must prove why shared parenting is harmful rather than abusers proving they can parent safely.

Second, the bill expands judicial education requirements regarding coercive control. Many family violence patterns do not involve physical assault but include financial control, isolation from support networks, and manipulation of legal proceedings. Under Bill C-223, judges would receive specific guidance on recognizing these patterns.

Third, children would gain expanded opportunities to express their views to decision-makers. Currently, children's perspectives typically reach courts through parenting assessors, lawyers, or Office of the Children's Lawyer reports. The bill would create additional mechanisms for direct judicial contact with children in age-appropriate circumstances, consistent with Canada's obligations under the United Nations Convention on the Rights of the Child.

Practical Takeaways for Ontario Residents

1. Document patterns of coercive control thoroughly if you are experiencing family violence, including financial restrictions, isolation from family and friends, monitoring of communications, and threats that do not involve physical harm

2. Understand that Bill C-223 has not yet passed and current law still applies to ongoing cases; the vote is expected in the coming months, with implementation requiring additional regulatory development

3. Children aged 12 and older in Ontario already have some rights to express parenting preferences, but Bill C-223 would expand these mechanisms and potentially lower age thresholds for direct judicial contact

4. Gather evidence of post-separation abuse patterns including excessive litigation, manipulation of parenting schedules, and alienating behaviors that courts increasingly recognize under the 2021 Divorce Act definitions

5. Consult with a family law attorney who understands both current law and pending legislative changes to develop appropriate strategies for your specific situation

Frequently Asked Questions

Does Bill C-223 eliminate shared parenting entirely in Canada?

Bill C-223 does not eliminate shared parenting arrangements generally. The bill specifically removes the presumption of shared parenting time only where credible evidence of family violence exists. In cases without family violence, courts would continue applying the best interests analysis under Divorce Act § 16, which includes considering maximum parenting time with both parents as one of many factors.

When will Bill C-223 become law?

Bill C-223 is a private member's bill expected to proceed to a vote in the coming months. Private member's bills face longer legislative timelines than government bills, and implementation would require additional regulatory development. If passed, Ontario courts would likely begin applying the new framework within 12-18 months following royal assent.

How does Bill C-223 define coercive control?

The bill builds on the 2021 Divorce Act definition of family violence under section 2(1), which already includes coercive and controlling behavior. Bill C-223 would provide additional judicial guidance on identifying coercive control patterns including financial abuse, isolation from support networks, monitoring and surveillance of a partner, and manipulation of legal proceedings.

What rights do children have to express parenting preferences in Ontario?

Under current Ontario law, children's views are considered as one factor in determining their best interests under CLRA § 24(2). Children aged 12 and older are often given significant weight in their preferences. Bill C-223 would expand mechanisms for children to communicate directly with judges rather than solely through assessors, lawyers, or the Office of the Children's Lawyer.

Will this law apply to existing parenting orders?

Bill C-223 would apply to new parenting determinations and variation applications filed after implementation. Existing parenting orders would remain in effect unless a party brings a variation application demonstrating a material change in circumstances. Evidence of family violence that was not previously considered could potentially support a variation application under the new framework.

Connect with an Ontario Family Law Attorney

If you have questions about how pending legislative changes may affect your parenting arrangement or family violence situation, consider speaking with a qualified family law attorney in your area.

Find an Ontario family law attorney on divorce.law

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.