Difference between revisions of "Changing Orders in Family Matters"

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Before embarking on the rest of this chapter, it is useful to know the following:

*There is a difference between a "review" of a final order and a "variation" of a final order:

A review does not require that the party seeking the review establishes a material change of circumstance (as is required to get a variation of a court order). Rather, a review is treated as if the issue were being considered by the parties (and the court) for the first time. It is usually made available to parties if circumstances were uncertain at the time the order was made ~~(for~~ example, if one party was to undergo retraining before entering (or re-entering) the workforce, that party would likely need a higher amount of spousal support while attending school but would not know how much income that party could expect to earn after they finished school).

A review does not require that the party seeking the review establishes a material change of circumstance (as is required to get a variation of a court order). Rather, a review is treated as if the issue were being considered by the parties (and the court) for the first time. It is usually made available to parties if circumstances were uncertain at the time the order was made. For example, if one party was to undergo retraining before entering (or re-entering) the workforce, that party would likely need a higher amount of spousal support while attending school but would not know how much income that party could expect to earn after they finished school.

*There is a difference between varying a final order made by a judge after a hearing or a trial and varying a final order made by consent (meaning both parties agreed to it):

In Shackleton v. Shackleton, 1999 BCCA 704, the Court of Appeal addressed the limited circumstances in which a consent order may be varied or set aside:

In ''[http://canlii.ca/t/5427 Shackleton v. Shackleton]'', 1999 BCCA 704, the Court of Appeal addressed the limited circumstances in which a consent order may be varied or set aside:

[12] A consent order is a formal expression of an agreement between the parties. Where parties intend to finally dispose of the issues between them, a consent

@@ Line 14: / Line 14: @@
 Before embarking on the rest of this chapter, it is useful to know the following:
 *There is a difference between a "review" of a final order and a "variation" of a final order:
-A review does not require that the party seeking the review establishes a material change of circumstance (as is required to get a variation of a court order).  Rather, a review is treated as if the issue were being considered by the parties (and the court) for the first time.  It is usually made available to parties if circumstances were uncertain at the time the order was made (for example, if one party was to undergo retraining before entering (or re-entering) the workforce, that party would likely need a higher amount of spousal support while attending school but would not know how much income that party could expect to earn after they finished school).
+A review does not require that the party seeking the review establishes a material change of circumstance (as is required to get a variation of a court order).  Rather, a review is treated as if the issue were being considered by the parties (and the court) for the first time.  It is usually made available to parties if circumstances were uncertain at the time the order was made. For example, if one party was to undergo retraining before entering (or re-entering) the workforce, that party would likely need a higher amount of spousal support while attending school but would not know how much income that party could expect to earn after they finished school.
 *There is a difference between varying a final order made by a judge after a hearing or a trial and varying a final order made by consent (meaning both parties agreed to it):
-In Shackleton v. Shackleton, 1999 BCCA 704, the Court of Appeal addressed the limited circumstances in which a consent order may be varied or set aside:
+In ''[http://canlii.ca/t/5427 Shackleton v. Shackleton]'', 1999 BCCA 704, the Court of Appeal addressed the limited circumstances in which a consent order may be varied or set aside:
 [12]  A consent order is a formal expression of an agreement between the parties. Where parties intend to finally dispose of the issues between them, a consent

Difference between revisions of "Changing Orders in Family Matters"

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