Bill C-223: What the Proposed “Keeping Children Safe Act” Could Mean for Family Law in Canada

By: Amanda Willing

Summary:

Family law in Canada continues to evolve as legislators attempt to better address the realities of family breakdown, child safety, and domestic violence.

One recent development attracting attention across the legal community is Bill C-223, known as the Keeping Children Safe Act.

Although the bill has not yet become law, it proposes significant amendments to Canada’s Divorce Act and has sparked considerable discussion among family lawyers, judges, and advocacy organizations.

Understanding the intent and potential impact of this legislation is important for anyone navigating parenting disputes or family court proceedings.

What Is Bill C-223?

Bill C-223 is a Private Member’s Bill currently before Parliament that proposes amendments to the Divorce Act aimed at strengthening protections for children and survivors of family violence in family law proceedings.

The bill is intended to reinforce the principle that the safety and well-being of children must remain the central consideration in parenting decisions following separation or divorce.

If enacted, it could influence how family courts evaluate evidence, how lawyers approach parenting disputes, and how allegations of family violence are addressed in litigation.

Key Changes Proposed in Bill C-223

Mandatory Screening for Family Violence

One of the most notable provisions would require family lawyers to screen for family violence when acting in divorce matters.

Where concerns about family violence arise, lawyers would be required to consider:

• whether the violence could affect negotiations or parenting arrangements

• appropriate safety planning

• providing clients with information about available support services

The purpose of this provision is to ensure that family violence is identified and addressed early in the legal process.

Recognition of Coercive Control

The bill also emphasizes that family violence extends beyond physical abuse.

Courts would be encouraged to consider patterns of coercive or controlling behaviour, including:

• psychological intimidation

• financial control

• manipulation or isolation

• threats or patterns of dominance within the relationship

These dynamics can significantly affect both children and the ability of parties to negotiate fairly during separation.

Greater Consideration of Children’s Views

Bill C-223 also seeks to ensure that children’s voices are more clearly considered in family law proceedings.

The legislation encourages courts to consider children’s perspectives through appropriate mechanisms such as:

• interviews

• written statements

• professional reports

This reflects a broader shift in family law toward recognizing that children are not merely subjects of parenting orders, but individuals whose experiences and perspectives matter.

Restrictions on Certain Parenting Remedies

Another component of the proposed legislation addresses the use of reunification therapy and certain litigation strategies related to parental alienation claims.

Supporters of the bill argue that these approaches can sometimes be used to dismiss legitimate concerns about family violence. The proposed changes aim to ensure that courts approach these claims carefully and prioritize safety considerations when evaluating parenting arrangements.

Why the Bill Has Generated Debate

While many advocacy organizations support the objectives of Bill C-223, the proposal has also generated debate within the family law community.

Some practitioners have expressed concern that aspects of the bill could:

• limit judicial discretion in complex parenting cases

• affect how courts assess allegations of parental alienation

• increase the complexity and cost of family litigation

Others believe the bill represents an important step toward ensuring that family violence is taken seriously in parenting disputes.

As with many legal reforms, the final impact would depend largely on how the courts interpret and apply the legislation in practice.

What Families Should Know

At present, Bill C-223 is still working its way through Parliament and has not yet become law.

However, the discussions surrounding the bill reflect a broader shift in family law toward:

• greater recognition of coercive control and non-physical abuse

• increased attention to children’s perspectives

• stronger safeguards around family violence in parenting decisions

These developments continue to shape how courts approach the best interests of the child, which remains the guiding principle in Canadian family law.

How Willing Law Can Help

Family law matters often involve complex emotional and legal considerations, particularly when parenting arrangements are at issue.

At Willing Law, we work closely with our clients to navigate separation, parenting disputes, and family court proceedings with clarity and care.

Understanding how proposed legal reforms may affect your situation can help you make informed decisions as your case progresses.

If you have questions about parenting rights, custody arrangements, or family law proceedings, our team is here to assist.