Divorce typically requires settled child custody and support arrangements first
Under Canadian family law, courts generally will not grant a divorce order until proper arrangements for children are in place. This requirement serves as a statutory barrier to protect children’s interests during divorce proceedings.
The court requires:
- A formal parenting plan outlining custody and access arrangements
- Established child support payments following federal guidelines
- Clear provisions for the children’s ongoing care and well-being
Only in rare circumstances might a court proceed with divorce before these matters are settled, as ensuring children’s security takes precedence in Canadian family court proceedings.