If you’ve ever dealt with family law firsthand or through a friend, you know how frustrating legal jargon can be. The old Divorce Act used terms like “custody” and “access,” which, if we’re being honest, made everything sound like a property dispute rather than a parenting arrangement. Thankfully, Bill C-78 is changing that.
Toronto-based family lawyer Angela Princewill, who’s been explaining these outdated terms to clients daily, thinks the shift to “parenting orders” and “parenting time” is a big win. “I can’t tell you how many times I’ve had to explain that custody doesn’t mean sole control over a child—it just refers to decision-making,” she says. “The new language is way clearer and helps parents focus on what matters: raising their kids.”
Why the Terminology Change is a Big Deal
In the past, “custody” was a loaded term. It made people feel like they either “won” or “lost” their kids in court. That mindset led to nasty, drawn-out battles that drained bank accounts and emotionally wrecked families. By swapping out these outdated terms for child-centred language, the government is trying to take the competitive edge out of divorce.
That said, Princewill isn’t holding her breath for an overnight shift. “Some people will still get hung up on the wording, but at least now, lawyers won’t have to constantly explain that ‘custody’ doesn’t mean what they think it does,” she says.
The Divorce Act is Also Clearing Up Relocation Disputes
Another major change? More structure around relocation after divorce. Until now, parents who wanted to move with their children had to rely on a 22-year-old Supreme Court ruling that courts have interpreted differently across the country. The Divorce Act now sets clear guidelines, making it easier for lawyers and judges to assess these cases consistently.
“Relocation cases are some of the hardest we deal with,” Princewill explains. “A parent gets a job in another city and wants to move closer to family. Or they need a fresh start, but the other parent fights it. Now, we have a proper framework to work within, rather than relying on a patchwork of rulings.”
Standardizing ‘Best Interests of the Child’ Criteria (Divorce Act Details)
The Divorce Act also outlines factors courts should consider when determining the “best interests of the child.” This isn’t groundbreaking. Provinces like Ontario already use similar criteria—but having a uniform standard across Canada means fewer legal grey areas.
A Push to Keep Families Out of Court
Another important (but less talked about) aspect of the bill is encouraging parents to settle disputes outside of court. Family law battles are expensive and emotionally exhausting. Mediation and alternative dispute resolution options are increasingly emphasized, which could save families thousands of dollars and months (or years) of stress.
Princewill sees this as a step in the right direction. However, she knows not every couple will suddenly become cooperative just because the law encourages it. “Some people just want to fight,” she says. “But for those who are open to negotiation, this could make things smoother.”
Final Thoughts on The Divorce Act
These changes won’t magically make divorces conflict-free, but they do offer much-needed clarity. Whether it’s ditching outdated terms, providing structure for relocation cases, or emphasizing out-of-court resolutions, the Divorce Act update is moving the needle in the right direction.
Will it eliminate messy breakups? No. But for parents stuck in legal limbo, it might make things a little easier.
Author: Taylor Monroe
Taylor Monroe is a legal analyst and former family law mediator with expertise in divorce legislation and child custody disputes.
