Overview
Bill C-223, known as the Keeping Children Safe Act, is a private member’s bill proposing amendments to Canada’s Divorce Act. The bill focuses on how courts and legal professionals address parenting disputes involving family violence.
Contrary to some commentary, the current Divorce Act already requires courts to give primary consideration to the child’s physical, emotional, and psychological safety, security, and well-being when determining the best interests of the child. Bill C-223 does not introduce that principle—it seeks to strengthen, operationalize, and restructure how it is applied in practice.
The proposed amendments aim to create a more structured, front-end approach to identifying family violence, expand how courts deal with coercive control, and modify certain legal assumptions that continue to shape parenting disputes.
Key Proposed Changes
1. Mandatory Family Violence Risk Screening By Legal Advisers
The bill would impose a new duty on lawyers and legal advisers in divorce proceedings to:
- Assess whether there are reasonable grounds to believe a client is at risk of family violence
- Take steps to implement an appropriate plan if such risk exists
- Ensure the client has a safety plan
- Inform the client of available support services
This shifts part of the responsibility for identifying risk from the court to the earliest stages of legal representation.
2. Expanded Treatment Of Coercive And Controlling Behaviour
While the current Divorce Act already recognizes coercive and controlling behaviour as a form of family violence, Bill C-223 would:
- Provide additional statutory guidance to courts on how to assess it
- Reinforce that non-physical abuse can be as harmful as physical violence
This reflects a continued move toward recognizing patterns of behaviour, not just isolated incidents.
3. Restrictions On “Parental Alienation” Type Arguments
The bill introduces a significant change by limiting the use of certain arguments often raised in high-conflict parenting disputes.
Specifically, courts would generally be prohibited from considering allegations that one parent has deliberately manipulated a child into rejecting the other parent, subject to narrow exceptions.
This is a substantive shift. It is not merely discouraging misuse—it would restrict how these claims can be advanced and relied upon in court.
4. Clarifying Parenting-Time Principles
The current Divorce Act contains a principle that a child should have as much time with each parent as is consistent with their best interests.
Bill C-223 would replace this with explicit language stating that:
- There is no presumption of equal or shared parenting time
- There is no presumption that maximum contact with both parents is in the child’s best interests
This is intended to prevent courts from defaulting—explicitly or implicitly—to equal or near-equal parenting arrangements.
5. Children’s Participation In Proceedings
The bill introduces a limited mechanism allowing courts to obtain information directly from a child:
- Through written input, or
- Through an in camera process involving an amicus curiae
However, this is tightly controlled. It requires:
- Consent of both parties
- A finding that it is in the child’s best interests
- Safeguards to ensure the child’s safety and privacy
- No other appropriate way to obtain the information
6. Changes To Relocation Framework
The bill proposes adjustments to relocation provisions, including:
- Modifying burdens of proof depending on parenting arrangements
- Clarifying how courts assess proposed moves
These changes could have practical consequences for how parties structure parenting time prior to litigation.
Purpose And Practical Impact
The bill is aimed at addressing a real issue: the gap between statutory principles and how they are applied in practice.
In practical terms, if enacted, it would likely:
- Push family-violence issues to the front end of litigation
- Increase reliance on structured evidence and early risk assessment
- Reduce the viability of certain litigation strategies (particularly alienation-based claims)
- Shift advocacy toward safety-focused, evidence-driven arguments
For counsel, this means more detailed preparation at the outset and a stronger emphasis on documenting patterns of behaviour rather than isolated events.
Criticisms And Concerns
Bill C-223 has generated meaningful discussion within the legal community.
Key concerns include:
- Impact on advocacy: Restrictions on certain arguments may limit how parties can present their case
- Practical burden on counsel: Mandatory screening obligations may be difficult to implement consistently
- Increased complexity: More structured requirements may lead to longer proceedings and higher costs
- Relocation changes: Adjustments to burdens of proof may incentivize strategic positioning around parenting time
- Reduced judicial flexibility: Some provisions may constrain the court’s ability to weigh all relevant evidence in nuanced cases
Organizations such as the Canadian Bar Association have supported the bill’s objectives but raised concerns about its workability and unintended consequences.
Legislative Status
Bill C-223 is currently at the committee stage in the House of Commons, following second reading and referral on February 4, 2026.
To become law, it must still:
- Pass third reading in the House of Commons
- Be approved by the Senate
- Receive Royal Assent
As a private member’s bill, its passage is uncertain, and there is no fixed timeline for enactment.
Conclusion
Bill C-223 does not reinvent the best-interests framework—it tightens it, redirects it, and in some areas, restricts how it is argued.
If enacted, it would mark a meaningful shift toward:
- Earlier identification of risk
- Greater emphasis on patterns of coercive control
- Reduced reliance on traditional litigation narratives in high-conflict parenting disputes
For practitioners, the takeaway is straightforward: family violence analysis will move from a supporting issue to a central organizing principle of the case.
Disclaimer
This article provides general information only and does not constitute legal advice. Family law matters are fact-specific, and outcomes depend on the circumstances of each case. For advice tailored to your situation, consult qualified legal counsel.
