Difference between revisions of "Changing Orders in Family Matters"
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==A few preliminary comments== | ==A few preliminary comments== | ||
Before embarking on the rest of this chapter, it is useful to know the following | Before embarking on the rest of this chapter, it is useful to know the following distinctions. | ||
===Review versus variation=== | |||
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 they 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 they could expect to earn after they finished school. | ||
===Varying contested versus consented to orders=== | |||
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 ''[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: | 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: | ||
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The threshold to change or set aside a contract is pretty high and the categories of grounds include fraud, undue influence, duress, coercion, fresh evidence that was not known at the time the original contract (or in this case consent order) was entered into, and abuse of process. For more information about changing consent orders for spousal support, see the section "Changing consent orders for spousal support" later in this chapter. | The threshold to change or set aside a contract is pretty high and the categories of grounds include fraud, undue influence, duress, coercion, fresh evidence that was not known at the time the original contract (or in this case consent order) was entered into, and abuse of process. For more information about changing consent orders for spousal support, see the section "Changing consent orders for spousal support" later in this chapter. | ||
===Interim versus final orders=== | |||
Although it is sometimes possible to vary an interim order, this chapter mostly applies to final orders. | |||
Section 216(3) allows the court to change, suspend, or terminate an interim order if: | Section 216(3) allows the court to change, suspend, or terminate an interim order if: | ||