Introduction
Since the last amendments to the Divorce Act came into effect in March 2021, family law in Canada has continued to evolve in response to family violence.[1] Those amendments expanded the definition of family violence, addressed its impact on children, and updated relocation provisions, including the ability to waive notice in cases of violence. Nearly five years later, Bill C-223 (Keeping Children Safe Act) builds on these reforms by strengthening protections for children and survivors, emphasizing risk assessment, child‑focused decision‑making, and a trauma‑informed approach in family law proceedings.
Before turning to the substance of the proposed reforms, it is important to note that Bill C-223 is a Private Member’s Bill, not a government bill. As such, it proceeds under the Private Members’ Business process and does not carry the institutional sponsorship of the Government of Canada. This distinction is significant because Private members’ bills do not carry the same likelihood of passage as government bills, as they typically proceed only where there is cross-party support or subsequent government endorsement. Moreover, even if enacted, courts generally accord less interpretive weight to private members’ bills than to government legislation, which more directly reflects government policy. With that said, Bill C-223 may still be relevant as evidence of parliamentary concern or emerging legislative debate, rather than as an expression of binding legislative intent.
Bill C-223 introduces a substantial set of proposed amendments that reflect evolving understandings of family violence, children’s rights and family justice. While the Bill is still at the early stage (second reading as of October 2025), if passed, it would reshape how lawyers, courts and families navigate divorce-related parenting, with a stronger emphasis on safety, child agency and nuanced understanding of abuse.
The Bill aims to amend the Divorce Act to prioritize the safety, dignity and well-being of children and survivors of family violence. It is intended to give children a greater voice in divorce proceedings, provide better recognition of coercive control within family dynamics, and counter outdated assumptions about parental alienation.