Nate Russell at 20:57, 9 April 2025

2025-04-09T20:57:01Z

Nate Russell at 23:12, 4 April 2025

2025-04-04T23:12:13Z

← Older revision		Revision as of 23:12, 4 April 2025
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	{{JP Boyd on Family Law TOC\|expanded = bcpc}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = bcpc}}{{JPBOFL Editor Badge
	\|~~CoAuthors~~ = [[Kendra Marks]]		\|CoAuthor = [[Kendra Marks]]
	}}		}}
	{{LSSbadge		{{LSSbadge

Nate Russell at 21:54, 28 March 2025

2025-03-28T21:54:20Z

Show changes

Nate Russell: Interim page for live site pending family law litigation chapters update

2024-01-12T00:03:22Z

Interim page for live site pending family law litigation chapters update

New page

← Older revision		Revision as of 20:57, 9 April 2025
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	\|resourcetype = <br/> a fact sheet on		\|resourcetype = <br/> a fact sheet on
	\|link = [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/when-can-you-change-order when you can change <br/>a final order]		\|link = [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/when-can-you-change-order when you can change <br/>a final order]
	}}Unless you're talking about orders dealing with divorce or the division of property and debt — neither of which are relevant in Provincial Court — there really is no such thing as an absolutely final order in family court proceedings. ~~People's~~ Children get older, adults take new jobs and start new relationships, and the obligations involved in leaving a relationship don't necessarily end with a final order. As time passes, final orders often need to be updated as circumstances change. And this is even more true for interim orders, which are temporary by nature, and which often need to be updated before the trial.		}}Unless you're talking about orders dealing with divorce or the division of property and debt — neither of which are relevant in Provincial Court — there really is no such thing as an absolutely final order in family court proceedings. Children get older, adults take new jobs and start new relationships, and the obligations involved in leaving a relationship don't necessarily end with a final order. As time passes, final orders often need to be updated as circumstances change. And this is even more true for interim orders, which are temporary by nature, and which often need to be updated before the trial.

	Changing an order is called ''varying'' an order. Sometimes an order includes a provision which sets out a list of circumstances under which a final order can be changed, but many (or even most) do not. In general, orders made under the ''[[Family Law Act]]'' may be varied if there has been an important change in circumstances since the order was made. Not only does the change have to be important, but also varying the order needs to be the right solution. A court will not vary an order — whether an interim or a final one — just because one party does not like the original order.		Changing an order is called ''varying'' an order. Sometimes an order includes a provision which sets out a list of circumstances under which a final order can be changed, but many (or even most) do not. In general, orders made under the ''[[Family Law Act]]'' may be varied if there has been an important change in circumstances since the order was made. Not only does the change have to be important, but also varying the order needs to be the right solution. A court will not vary an order — whether an interim or a final one — just because one party does not like the original order.
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	There is a difference between a ''review'' of a final order and a ''variation'' of a final order. These are two distinct procedures, each with different criteria.		There is a difference between a ''review'' of a final order and a ''variation'' of a final order. These are two distinct procedures, each with different criteria.

	A review typically involves a judge examining the existing order to see if it has been followed and is still applicable under current circumstances. It is more about ensuring compliance and assessing the effectiveness of the order as it stands. A party seeking review of a final order does not need to establish a ''material change of ~~circumstance~~'' (as is required to get a variation of a court order). The right to review an order is usually contained as a term of the order when the judge making the order knows circumstances are uncertain. For example, say one party needs to undergo retraining before re-entering the workforce. They need a higher amount of spousal support while attending school, but once they start working again they won't require as much, but no one knows how much income they will earn after they finish school. The judge might order that either party may apply to review the spousal support payable after a certain date when the party is expected to have finished their schooling.		A review typically involves a judge examining the existing order to see if it has been followed and is still applicable under current circumstances. It is more about ensuring compliance and assessing the effectiveness of the order as it stands. A party seeking review of a final order does not need to establish a ''material change of circumstances'' (as is required to get a variation of a court order). The right to review an order is usually contained as a term of the order when the judge making the order knows circumstances are uncertain. For example, say one party needs to undergo retraining before re-entering the workforce. They need a higher amount of spousal support while attending school, but once they start working again they won't require as much, but no one knows how much income they will earn after they finish school. The judge might order that either party may apply to review the spousal support payable after a certain date when the party is expected to have finished their schooling.

	''Variation'' of an order, on the other hand, means to change or cancel all or part of an existing final order. The Provincial Court family forms use the language "change or cancel", but references to ''altering'', ''replacing'', or ''setting aside'' an order also mean variation. A judge needs to be convinced that there was a ''material change of circumstances'' before they will vary an order. For example, if there's a change in the financial situation of a parent that affects child support or if there's a change in the living arrangements that impacts parental responsibilities, a variation may be sought to adjust the order to better fit the new circumstances.		''Variation'' of an order, on the other hand, means to change or cancel all or part of an existing final order. The Provincial Court family forms use the language "change or cancel", but references to ''altering'', ''replacing'', or ''setting aside'' an order also mean variation. A judge needs to be convinced that there was a ''material change of circumstances'' before they will vary an order. For example, if there's a change in the financial situation of a parent that affects child support or if there's a change in the living arrangements that impacts parental responsibilities, a variation may be sought to adjust the order to better fit the new circumstances.
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	When an application to vary a child support order is brought, one or both parties will have to produce fresh financial information. This information is almost always given through a Form 4 Financial Statement which describes a person's income, expenses, assets and liabilities, and is given on the person's oath or affirmation like an affidavit. These are the rules about who may have to produce a Form 4 Financial Statement:		When an application to vary a child support order is brought, one or both parties will have to produce fresh financial information. This information is almost always given through a Form 4 Financial Statement which describes a person's income, expenses, assets and liabilities, and is given on the person's oath or affirmation like an affidavit. These are the rules about who may have to produce a Form 4 Financial Statement:

	*The payor must produce a ~~Financial Statement~~ dealing with their income if the payor is paying child support or if the other party has the majority of parenting time.		*The payor must produce a financial statement dealing with their income if the payor is paying child support or if the other party has the majority of parenting time.
	*Both parties must produce ~~Financial Statements~~ dealing with income if parenting time is shared or split.		*Both parties must produce financial statements dealing with income if parenting time is shared or split.
	*Both parties must produce complete ~~Financial Statements~~ covering income, expenses, and assets and liabilities if there is a claim about the children's special expenses, a claim for undue hardship, the payor's income is above $150,000 per year, or one or more of the children are over the age of majority.		*Both parties must produce complete financial statements covering income, expenses, and assets and liabilities if there is a claim about the children's special expenses, a claim for undue hardship, the payor's income is above $150,000 per year, or one or more of the children are over the age of majority.

	These new Financial Statements are needed to give the court the information it will need to make a new child support order, if it is in fact willing to vary the original order.		These new Financial Statements are needed to give the court the information it will need to make a new child support order, if it is in fact willing to vary the original order.

Changing Provincial Court Family Law Orders - Revision history

Nate Russell at 20:57, 9 April 2025

Nate Russell at 23:12, 4 April 2025

Nate Russell at 21:54, 28 March 2025

Nate Russell: Interim page for live site pending family law litigation chapters update