Canada's Bill C-223, the Keeping Children Safe Act, passed second reading in the House of Commons and now sits before the Standing Committee on Justice and Human Rights, backed by nearly 300 advocacy organizations. The bill would amend the federal Divorce Act to prohibit parental-alienation evidence, mandate family-violence screening before any proceeding, and let judges hear directly from children. For Ontario parents, this would fundamentally reshape how contested parenting cases are argued.
Key Facts
| Item | Detail |
|---|---|
| What happened | Bill C-223 (Keeping Children Safe Act) passed second reading in the House of Commons |
| When | Advanced to the Standing Committee on Justice and Human Rights, 2026 |
| Where | Federal — applies to all provinces under the Divorce Act, including Ontario, British Columbia, Alberta, and Quebec |
| Who's affected | Divorcing parents in contested parenting cases; family law practitioners nationwide |
| Key statute | Amends the federal Divorce Act (R.S.C. 1985, c. 3, as amended 2021) |
| Impact | Bars parental-alienation evidence, mandates family-violence screening, allows children to be heard via amicus curiae |
According to Chambers Family Law 2026, the bill represents one of the most significant proposed changes to Canadian family law since the 2021 Divorce Act reforms. It has drawn support from nearly 300 advocacy organizations, though family law practitioners remain divided on its practical effects.
Why this matters legally
Bill C-223 would strip parental-alienation as an admissible concept from Canadian family courts, marking a decisive shift in how contested parenting cases are litigated. Currently, a parent who believes the other is turning a child against them can raise alienation as evidence relevant to parenting arrangements. If C-223 becomes law, that argument would be barred outright.
The rationale, as reported by Chambers, is that alienation claims have been used to discredit legitimate reports of family violence — a parent alleging abuse could be recast as an "alienator" trying to poison the child against the accused. Advocates argue this dynamic silences survivors and endangers children.
The mandatory family-violence screening provision would require courts to assess for family violence before any proceeding advances. This aligns with the direction the 2021 Divorce Act already took, which made family violence an explicit factor in determining a child's best interests. Under section 16 of the current Divorce Act, courts must already consider family violence when making parenting orders. C-223 would make screening a procedural precondition rather than a discretionary consideration.
The third pillar — letting judges hear directly from children through an amicus curiae — would formalize the child's voice in proceedings. This reflects Canada's obligations under the UN Convention on the Rights of the Child, which recognizes a child's right to be heard in matters affecting them.
How Canadian law handles this
Under the federal Divorce Act, decision-making responsibility and parenting time are determined exclusively by the best interests of the child. The 2021 amendments replaced the old "custody and access" language with "parenting arrangements" and "decision-making responsibility," and added family violence as a mandatory best-interests factor.
In Ontario, contested parenting cases are governed by the Divorce Act for married couples and by Ontario's Children's Law Reform Act for unmarried parents. Both frameworks direct courts to a best-interests analysis. Family violence is already defined broadly under the 2021 reforms to include physical, sexual, psychological, and financial abuse, as well as coercive and controlling behaviour — conduct need not be criminal to count.
Parental alienation currently occupies a contested space in Ontario courts. Some judges treat it as a recognized dynamic warranting expert assessment; others view it skeptically. Ontario's Office of the Children's Lawyer already represents children's interests in many high-conflict files, and children's views are considered through clinical assessments and, in some cases, judicial interviews. Bill C-223's amicus curiae mechanism would supplement these existing tools.
Because the Divorce Act is federal, C-223 would apply uniformly across Ontario, British Columbia, Alberta, and Quebec for divorcing married couples. Provincial statutes governing unmarried parents would remain unchanged unless separately amended — meaning a two-track system could emerge where alienation evidence is barred in Divorce Act cases but not in parallel provincial proceedings. If you are working through a separation, a personalized divorce roadmap can help you understand which framework applies to your situation.
Practical takeaways
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Nothing has changed yet. Bill C-223 has only passed second reading and remains before committee. It is not law. Current rules on parenting arrangements and evidence continue to apply in Ontario courts today.
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Document family violence carefully. If your case involves abuse, the direction of Canadian law increasingly favours screening and consideration of family violence. Keep records of incidents, communications, and any police or medical reports. Understanding protective orders is essential if you face immediate safety concerns.
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Reconsider alienation-based strategies. If your case relies heavily on a parental-alienation theory, discuss with counsel how a legislative shift could affect its viability. Courts and legislators are scrutinizing these claims more closely.
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Prepare for the child's voice to carry weight. Whether through Ontario's Office of the Children's Lawyer or a future amicus mechanism, children's perspectives are becoming more central. Focus on demonstrating a child-centred, cooperative approach.
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Explore lower-conflict resolution. Contested litigation is expensive and increasingly unpredictable in high-conflict parenting files. Options like mediation and collaborative divorce can resolve parenting disputes without a courtroom battle over disputed allegations.
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Watch the committee stage. The Standing Committee on Justice and Human Rights may amend the bill substantially. Its final form — if it passes at all — could look different from the version now under review.
If you are navigating a contested parenting matter in Ontario, the shifting legal landscape makes experienced guidance more valuable than ever. You can find a divorce attorney in your area to discuss how these developments might affect your case. For those just beginning to understand the divorce process, starting with a clear plan reduces both stress and cost.
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.