Fate of private member’s bill to amend Divorce Act still not clear

OTTAWA — Justice Minister Sean Fraser indicated Wednesday the government is open to supporting elements of a private member’s bill to amend the Divorce Act, though it’s not clear what the bill ultimately will look like.

Women’s groups warned last week that it appeared the Liberal government had changed its mind and the bill, currently before a House of Commons committee, could be killed.

Bill C-223, introduced by Liberal MP Lisa Hepfner, would amend the Divorce Act to curb parental alienation claims, among other changes.

It would also impose new requirements on lawyers to screen for signs of family violence during divorce cases, give judges new tools to identify the existence and impact of coercive control on children, and ensure that — in some circumstances — children can express their preferences to a judge in a custody dispute.

Justice Minister Sean Fraser said the government wants to see the committee make some amendments.

“We want to ensure that we protect the discretion of the court to consider all evidence that’s in the best interest of the child, but I’m optimistic that we can work with the sponsor to ensure we deliver important protections, but at the same time protect against the concerns that we had around judicial discretion,” Fraser said.

Hepfner told reporters there are elements of the bill that are more controversial than others, but declined to say which elements could be removed.

“If we can pass a version of the bill that everyone agrees, including the (Canadian) Bar Association … would make the family court system safer for kids, then I think we should go ahead,” she said.

Hepfner has said she proposed the legislation after hearing horrifying stories from Suzanne Zaccour, director of legal affairs at the National Association of Women and the Law.

Zaccour said in an interview Wednesday it’s important to know what amendments Fraser had in mind.

“There’s some things that I think everyone should be able to agree on, and I hope that the minister will be prepared to support,” she said.

She said there should be nothing controversial about changing the law to ensure that, in cases where there is “a finding of family violence, that the parent who was abusive should not be able to blame the other parent for their strained relationship with the child.”

A report from the National Association of Women and the Law released in September that looked into the deaths of eight children said the concept of parental alienation is frequently invoked in Canada’s courts.

The report said it’s used by parties in child custody cases to explain why a child resists seeing a parent, and to cast doubt on allegations of domestic violence.

This report by The Canadian Press was first published Oct. 28, 2026.

Anja Karadeglija, The Canadian Press