In January 2026, Liberal MP Lisa Hepfner introduced a private member’s bill that could significantly alter how decision-making responsibility and parenting disputes are decided under the Divorce Act. Bill C-223 proposes sweeping amendments aimed at prioritizing child safety and strengthening the legal response to domestic violence during and after separation.
If passed, the proposed legislation would mark a clear shift away from traditional assumptions that have long influenced parenting outcomes.
Ending the Equal Parenting Presumption in Family Violence Cases
One of the most consequential aspects of Bill C-223 is its rejection of any default assumption that parenting time should be divided equally when family violence is present. While courts already have authority to order unequal parenting arrangements, equal time has often been treated as a starting point in negotiations and litigation.
The bill seeks to make clear that shared parenting should not be presumed where there is evidence of abuse, coercive control, or safety concerns. This change aligns with recent court decisions recognizing that rigid parenting formulas can place children and victims at risk.
Mandatory Family Violence Screening by Family Lawyers
Bill C-223 would require lawyers to screen all family law clients for family violence. This includes physical abuse, emotional abuse, coercive control, and patterns of intimidation or manipulation.
Mandatory screening is intended to identify risks early, before unsafe parenting arrangements are agreed to or ordered. For clients, this could mean earlier safety planning. For lawyers, it signals a shift toward proactive risk assessment rather than relying solely on disclosures made during litigation.
Expanding the Child’s Voice in Custody Disputes
The proposed amendments would give children greater opportunity to express their views directly to a judge in decision-making responsibility and parenting disputes. While courts already consider children’s preferences when appropriate, Bill C-223 emphasizes direct participation as a core part of determining a child’s best interests.
This reflects a growing recognition that children are not merely witnesses to parental conflict but individuals whose experiences and perspectives matter in parenting decisions.
Recognizing Coercive Control as a Form of Family Violence
Bill C-223 strengthens judicial guidance on identifying coercive control and understanding its impact on children. Coercive control includes behaviours such as monitoring, isolation, intimidation, financial control, and psychological manipulation.
By explicitly addressing these patterns, the bill acknowledges that family violence often extends beyond physical harm and that children can be deeply affected even when they are not the direct targets of abuse.
Safety Planning Obligations in High Risk Separations
Another proposed change is the potential requirement for lawyers to assist clients at risk of post separation abuse with safety planning. This may include structured communication protocols, safe exchange arrangements, or other protective measures designed to reduce ongoing control or intimidation after separation.
This approach reflects increased awareness that the period following separation is often the most dangerous time for victims of family violence.
Political Support and What Comes Next
Bill C-223 is supported by the National Association of Women and the Law and nearly 300 advocacy organizations. Supporters argue that clearer statutory direction is necessary to protect families fleeing high risk situations and to prevent courts from defaulting to unsafe parenting arrangements.
The bill received its first debate in the House of Commons in late January 2026 and is expected to proceed to a vote in the coming months.
What This Means for Parents in Ontario and Across Canada
Regardless of whether Bill C-223 ultimately becomes law, it reflects a broader shift already taking place in Canadian family law. Courts are increasingly focused on child safety, power imbalances, and the real world dynamics of family violence after separation.
Parents involved in custody disputes should expect closer scrutiny of behaviour, communication patterns, and safety risks rather than reliance on equal time presumptions or simplified parenting formulas.
If you are facing a parenting dispute involving family violence, coercive control, or concerns about your child’s safety, early legal advice is critical. The lawyers at Russell Alexander Collaborative Family Lawyers regularly advise clients on how courts assess these issues and how to protect children’s best interests in an evolving legal landscape.
