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Difference between revisions of "Changing Orders in Family Matters"

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Changing Orders in Family Matters (view source)

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→‎Family Law Act Orders
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<blockquote><tt>On application, a court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.</tt></blockquote>
<blockquote><tt>On application, a court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.</tt></blockquote>


The test to vary orders about contact is at s. 60, and says exactly the same thing, just with the word "contact" in place of "parenting arrangements".
The test to vary orders about contact is at s. 60, and says exactly the same thing, just with the word "contact" in place of the phrase "parenting arrangements".


The general test under the ''Family Law Act'' to vary orders is at s. 215(1) and applies when there isn't a specific test required for a particular order the way ss. 47 and 60 are required for orders about parenting arrangements and contact. Since there's no specific to test to vary orders for guardianship, it's the general test that will apply:
The general test under the ''Family Law Act'' to vary orders is at s. 215(1) and applies when there isn't a specific test required for a particular order the way ss. 47 and 60 are required for orders about parenting arrangements and contact. Since there's no specific to test to vary orders for guardianship, it's the general test that will apply:
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Whenever the court is asked to make an order about guardianship, parenting arrangements and contact, s. 37(1) requires the court to consider only the best interests of the child. The factors to be taken into account in considering the best interests of the child are set out at s. 37(2).
Whenever the court is asked to make an order about guardianship, parenting arrangements and contact, s. 37(1) requires the court to consider only the best interests of the child. The factors to be taken into account in considering the best interests of the child are set out at s. 37(2).


=====Changing Orders About Parental Responsibilities=====
Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements or contact with a child. The ''Family Law Act'' is just too new.
 
The court will vary an order or agreement which provides for guardianship when the terms of the order or agreement are not in the best interests of the child.
 
In situations of sole custody and joint guardianship, the court may order a change to sole guardianship where the parties simply cannot get along well enough to share parenting decisions. In general, a change from joint to sole guardianship will be ordered where the parents' relationship has worsened to the point that they can no longer cooperate effectively in the best interests of the children.
 
The court may also change an order for sole guardianship to an order for joint guardianship where the parent with sole guardianship has refused to keep the other parent involved in the child's life or up to date on important events in the child's life.
 
In situations of sole custody and sole guardianship, guardianship may be changed when the order or agreement for custody is changed, that is, where custody changes from one parent to the other, or where the sole custody arrangement is changed to joint custody.
 
Orders or agreements for joint guardianship might be changed if:
 
a parent is refusing to keep the other parent up to speed on important issues and events in the child's life;
the parents are persistently unable to agree on important decisions about the child;
a parent is intentionally giving false information about the child to the other parent; or,
the parents' views about raising the children are fundamentally opposed to each other about something very important, like medical care or religious instruction.
Orders or agreements for sole guardianship might be changed if:
 
the parent with sole guardianship has a history of making poor decisions;
the parent with sole guardianship is concealing important developments in the child's life from the other parent; or,
the parent without guardianship becomes capable of cooperating with the parent with sole guardianship.
Back to the top of this chapter.
 
====Changing Orders About Parenting Time or Contact====
 
The case of Gordon v. Goertz, discussed above, also applies to changing access orders: the applicant must show that there has been a serious change in circumstances which affects the child's best interests before a court will even consider the matter, and, once this hurdle is crossed, the court will look at all of the circumstances before making a decision as to custody as if the matter was being heard for the first time, with no presumption in favour of the status quo.
 
Orders for access are most commonly varied because one of the parents has been frustrating access, a parent is constantly late or cancels visits frequently, the child is older and is more able to spend more time away from the custodial parent, a parent has moved and the existing access schedule is no longer convenient, or the child wishes to see the other parent more or less often.
 


===Common Problems with Orders for Access, Parenting Time and Contact===
===Common Problems with Orders for Access, Parenting Time and Contact===
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