Changing Family Law Orders and Agreements Involving Children - Revision history

Nate Russell: Redirected page to Changing Family Law Orders, Awards and Agreements Involving Children

2023-08-23T19:57:41Z

Redirected page to Changing Family Law Orders, Awards and Agreements Involving Children

Jpboyd: /* Links */

2021-03-06T21:07:30Z

Links

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	{{REVIEWED \| reviewer = [[~~Mary Mouat\|Mary Mouat, QC]] and [[Samantha Rapoport~~]], ~~April 16~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Jpboyd: /* The Divorce Act and Gordon v. Goertz */

2021-03-06T21:07:07Z

The Divorce Act and Gordon v. Goertz

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	\|}		\|}
	It is almost impossible to predict the result of an application to move under ''[http://canlii.ca/t/1fr99 Gordon v. Goertz]''. Because relocation issues are among the most hotly argued and difficult issues there are in family law, the assistance of a lawyer is highly recommended.		It is almost impossible to predict the result of an application to move under ''[http://canlii.ca/t/1fr99 Gordon v. Goertz]''. Because relocation issues are among the most hotly argued and difficult issues there are in family law, the assistance of a lawyer is highly recommended.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			The ''Divorce Act'' now also provides a test to help judges decide what should happen when a spouse wants to move away from the other spouse after separation. Although the ''Divorce Act'' test is similar to the ''Family Law Act'' test, they are not exactly the same. It is a good idea to speak to a lawyer whenever someone wants to move away after separation.

	===The rules under the ''Family Law Act''===		===The rules under the ''Family Law Act''===

Jpboyd: /* Changing orders and agreements about access, parenting time and contact */

2021-03-06T21:06:32Z

Changing orders and agreements about access, parenting time and contact

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	Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.		Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

	Judges also now have a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.		Judges also now have a long list of best-interests factors to take into consideration when making decisions about children, including when making decisions about changing orders about parenting after separation. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	===Vague parenting schedules===		===Vague parenting schedules===

Jpboyd: /* Changing orders and agreements about access, parenting time and contact */

2021-03-06T21:05:46Z

Changing orders and agreements about access, parenting time and contact

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	When considering applications like these, both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' require the court to consider the best interests of the child rather than the needs or interests of the parties.		When considering applications like these, both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' require the court to consider the best interests of the child rather than the needs or interests of the parties.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

			Judges also now have a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	===Vague parenting schedules===		===Vague parenting schedules===

Jpboyd: /* Changing orders about custody */

2021-03-06T21:04:55Z

Changing orders about custody

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	The courts are unlikely to change custody where the children are happy in an existing stable and secure setting.		The courts are unlikely to change custody where the children are happy in an existing stable and secure setting.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

	==Changing orders and agreements about guardianship and parental responsibilities==		==Changing orders and agreements about guardianship and parental responsibilities==

Jpboyd: /* The Divorce Act */

2021-03-06T21:04:09Z

The Divorce Act

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	Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.		Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

	Older orders and agreements that use the terms custody and access are still good and don't need to be updated to the new language. If you have an older order or agreement that says you have custody, you now have decision-making responsibility for your children. If you are or were married to your ex and have an agreement that says you have access, you now have parenting time.		Older orders and agreements that use the terms custody and access are still good and don't need to be updated to the new language. If you have an older order or agreement that says you have custody, you now have decision-making responsibility for your children. If you are or were married to your ex and have an order or agreement that says you have access, you now have parenting time.

	Judges also now have a long list of best-interests factors to take into consideration when making decisions about children, including decisions changing an order. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.		Judges also now have a long list of best-interests factors to take into consideration when making decisions about children, including decisions changing an order. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

Jpboyd: /* The Divorce Act */

2021-03-06T21:03:40Z

The Divorce Act

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	It is up to the applicant to show that there has been a change in the "condition, means, needs or other circumstances of the child" since the last order was made or the court won't change the order.		It is up to the applicant to show that there has been a change in the "condition, means, needs or other circumstances of the child" since the last order was made or the court won't change the order.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

			Older orders and agreements that use the terms custody and access are still good and don't need to be updated to the new language. If you have an older order or agreement that says you have custody, you now have decision-making responsibility for your children. If you are or were married to your ex and have an agreement that says you have access, you now have parenting time.

			Judges also now have a long list of best-interests factors to take into consideration when making decisions about children, including decisions changing an order. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	===The ''Family Law Act''===		===The ''Family Law Act''===

Jpboyd at 21:01, 6 March 2021

2021-03-06T21:01:47Z

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	This section talks about changing orders for custody and access under the ''[[Divorce Act]]'' and about changing orders and agreements about parenting arrangements and contact under the ''[[Family Law Act]]''. It also discusses relocation, a special problem that comes up when a guardian wants to move, usually with the children, to a different town, province, or country.		This section talks about changing orders for custody and access under the ''[[Divorce Act]]'' and about changing orders and agreements about parenting arrangements and contact under the ''[[Family Law Act]]''. It also discusses relocation, a special problem that comes up when a guardian wants to move, usually with the children, to a different town, province, or country.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section.

	==Introduction==		==Introduction==

Nate Russell: /* Links */

2019-07-31T18:18:50Z

Links

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	===Links===		===Links===

	* [https://clicklaw.bc.ca/resource/4645 Legal Services Society's Family Law website's information page "Court orders"]
	**See "Change an order or set aside an agreement made in BC"
	*[https://clicklaw.bc.ca/resource/4645 Legal Services Society's Family Law website's information page "Court orders"]		*[https://clicklaw.bc.ca/resource/4645 Legal Services Society's Family Law website's information page "Court orders"]
	**See "Change an order or set aside an agreement made in BC" and "When can you change a final order?"		**See "Change an order or set aside an agreement made in BC" and "When can you change a final order?"