Difference between revisions of "Changing Orders in Family Matters"

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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>

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 test to vary orders about contact is at section 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 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 section 215(1) and applies when there isn't a specific test required for a particular order the way sections 47 and 60 are required for orders about parenting arrangements and contact. Since there's no specific test to vary orders for guardianship, it's the general test that will apply:

<blockquote><tt>Subject to this ''Act'', a court on application by a party may change, suspend or terminate an order, if there has been a change in circumstances since the order was made.</tt></blockquote>

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 <span class="noglossary">account</span> in considering the best interests of the child are set out at s. 37(2). See the chapter on [[Children in Family Law Matters]], under the heading [[Children_in_Family_Law_Matters#The_best_interests_of_the_children|The best interests of the children]] for more discussion of s. 37.

Whenever the court is asked to make an order about guardianship, parenting arrangements, and contact, section 37(1) requires the court to consider only the best interests of the child. The factors to be taken into <span class="noglossary">account</span> in considering the best interests of the child are set out at section 37(2). See the chapter on [[Children in Family Law Matters]], under the heading [[Children_in_Family_Law_Matters#The_best_interests_of_the_children|The best interests of the children]] for more discussion of section 37.

The section also requires that all agreements or orders protect, to the greatest extent possible, the child's physical, psychological, and emotional safety, security, and well-being.

@@ Line 131: / Line 131: @@
 <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 the phrase "parenting arrangements."
+The test to vary orders about contact is at section 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 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 section 215(1) and applies when there isn't a specific test required for a particular order the way sections 47 and 60 are required for orders about parenting arrangements and contact. Since there's no specific test to vary orders for guardianship, it's the general test that will apply:
 <blockquote><tt>Subject to this ''Act'', a court on application by a party may change, suspend or terminate an order, if there has been a change in circumstances since the order was made.</tt></blockquote>
-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 <span class="noglossary">account</span> in considering the best interests of the child are set out at s. 37(2). See the chapter on [[Children in Family Law Matters]], under the heading [[Children_in_Family_Law_Matters#The_best_interests_of_the_children|The best interests of the children]] for more discussion of s. 37.
+Whenever the court is asked to make an order about guardianship, parenting arrangements, and contact, section 37(1) requires the court to consider only the best interests of the child. The factors to be taken into <span class="noglossary">account</span> in considering the best interests of the child are set out at section 37(2). See the chapter on [[Children in Family Law Matters]], under the heading [[Children_in_Family_Law_Matters#The_best_interests_of_the_children|The best interests of the children]] for more discussion of section 37.
 The section also requires that all agreements or orders protect, to the greatest extent possible, the child's physical, psychological, and emotional safety, security, and well-being.

Difference between revisions of "Changing Orders in Family Matters"

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