What would Bill C-223 change about parental alienation in Canada?

Bill C-223, which passed second reading February 4, 2026, would prohibit family courts from considering parental alienation evidence. Backers argue such claims are often used to discredit legitimate family-violence reports. The bill amends the federal Divorce Act and awaits committee review.

Is Bill C-223 currently law in Ontario?

No. As of early 2026, Bill C-223 is before the Standing Committee on Justice and Human Rights after passing second reading on February 4, 2026. It must still clear third reading, the Senate, and Royal Assent before applying in Ontario or any province.

How does the Divorce Act currently treat family violence?

The federal Divorce Act, amended in 2021 and in force since March 1, 2021, lists family violence as an explicit best-interests factor under section 16 and defines coercive control. Bill C-223 would make violence screening mandatory before proceedings begin, strengthening this framework.

Would children testify directly under Bill C-223?

Bill C-223 would allow judges to hear from children through private interviews rather than only through Voice of the Child Reports or the Office of the Children's Lawyer. This gives a child's views a more direct route to the court, subject to procedural safeguards the committee is reviewing.

Does Bill C-223 affect unmarried parents in Ontario?

The Divorce Act applies only to married couples, so Bill C-223 would directly govern them nationwide. Unmarried Ontario parents fall under the provincial Children's Law Reform Act, which mirrors the Divorce Act's best-interests and family-violence factors, meaning provincial alignment would likely follow.

Bill C-223 Advances: Would Ban Parental Alienation Evidence in Canada

Canada's Bill C-223, the Keeping Children Safe Act, passed second reading on February 4, 2026, and is now before the Standing Committee on Justice and Human Rights. The bill would prohibit family courts from considering parental alienation evidence, mandate family violence screening before any family law proceeding, and amend the federal Divorce Act. For Ontario residents, it signals the biggest family-law shift since the 2021 Divorce Act reforms.

Key Facts

Item	Detail
What happened	Bill C-223 (Keeping Children Safe Act) passed second reading and advanced to committee
When	Second reading February 4, 2026; now before the Standing Committee on Justice and Human Rights
Where	Federal — applies to all provinces under the Divorce Act, including Ontario, British Columbia, Alberta, and Quebec
Who's affected	Divorcing parents, children, and family courts nationwide
Key statute	Amends the federal Divorce Act, R.S.C. 1985, c. 3 (2021 amendments)
Impact	Bans parental alienation evidence; mandates pre-proceeding family violence screening; recognizes coercive control

The bill is backed by nearly 300 advocacy organizations and would let judges hear directly from children through private interviews. It represents the most significant proposed change to Canadian family law since the 2021 Divorce Act amendments took effect on March 1, 2021.

Why This Matters Legally

Bill C-223 would fundamentally change what evidence family courts can weigh when determining parenting arrangements. If enacted, judges would be barred from considering claims of parental alienation — a contested theory that one parent has turned a child against the other. Critics, including many of the roughly 300 organizations backing the bill, argue alienation claims are frequently used to discredit legitimate reports of family violence and coercive control.

The legislation directly amends the federal Divorce Act, which already governs the best interests of the child analysis for divorcing parents. Under the current Divorce Act, s. 16, courts must weigh family violence as an explicit factor added in the 2021 reforms. Bill C-223 goes further: it would make family violence screening mandatory before any proceeding begins, shifting the process from reactive to preventive.

The second major change — allowing judges to interview children privately — reframes how a child's voice enters the record. Presently, a child's views typically reach the court through a Voice of the Child Report or an Office of the Children's Lawyer assessment. Direct private interviews would give judges a more immediate window into a child's experience, though it raises procedural questions about cross-examination and fairness that the committee is expected to examine.

How Canadian Law Handles This

Canadian family law is governed federally by the Divorce Act for married couples and provincially for unmarried parents and property. In Ontario, married spouses seeking a divorce fall under the Divorce Act, s. 16, which requires courts to make parenting orders based solely on the best interests of the child. The 2021 amendments, in force since March 1, 2021, replaced "custody" and "access" with "decision-making responsibility" and "parenting time," and added family violence as a defined consideration.

Unmarried Ontario parents and property matters are instead governed by the provincial Children's Law Reform Act and the Family Law Act. The Children's Law Reform Act mirrors the Divorce Act's best-interests framework and its family-violence factors, so a federal change to how alienation and violence evidence are treated would likely pressure provincial legislatures to align. Coercive control — a pattern of controlling, intimidating behaviour — is already recognized in the Divorce Act's definition of family violence, and Bill C-223 would strengthen its evidentiary weight.

Because the Divorce Act is federal, Bill C-223 would apply uniformly across Ontario, British Columbia, Alberta, and Quebec for married couples. Quebec's Civil Code governs its own provincial family matters, so the province would face the same alignment questions as Ontario. If you are navigating this landscape, understanding the divorce process and options like mediation or collaborative divorce can help you prepare regardless of how the bill evolves.

Practical Takeaways

Document family violence carefully. If your case involves coercive control or abuse, keep a dated record of incidents, communications, and any police or medical reports. Bill C-223 would make this evidence central rather than peripheral, and mandatory screening means it will be raised early.
Understand your parenting-arrangement framework now. Whether you fall under the Divorce Act or Ontario's Children's Law Reform Act, decisions turn on the best interests of the child. Review how parenting plans are structured so you can propose a workable arrangement.
Prepare for your child's voice to carry more weight. If the private-interview provision passes, a child's stated views may reach the judge directly. Focus on supporting your child's stability rather than influencing their statements.
Estimate parenting time realistically. Use our Ontario parenting time calculator to model schedules, and our Ontario child support calculator to understand the financial picture tied to parenting arrangements.
Get tailored guidance. Because the bill is still in committee and may change, build a personalized divorce roadmap and consider consulting a professional. You can find a divorce attorney in your area to assess how these proposed rules could affect your case.

Bill C-223 is not yet law — it must clear committee, third reading, the Senate, and Royal Assent before taking effect. But its advance signals where Canadian family law is heading: toward earlier violence screening, greater scrutiny of alienation claims, and a stronger role for children's voices. If you have an active or anticipated family matter in Ontario, now is a sensible time to understand your rights and organize your documentation.

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.