Difference between revisions of "Changing Orders in Family Matters"

Line 64:

===''Divorce Act'' orders===

Under [http://canlii.ca/t/7vbw#sec5 s. 5] of the ''[[Divorce Act]]'', the Supreme Court can vary ''Divorce Act'' orders for custody or access made anywhere in Canada, as long as the person making the application, the ''applicant'', normally lives in British Columbia when the application is made or if both spouses agree to have the application heard in British Columbia. If the child has deeper roots and greater social ties in the other province, the court is likely to refuse to make the requested order and instead order that <span class="noglossary">a transfer of</span> the matter to be heard there.

Under [http://canlii.ca/t/7vbw#sec5 section 5] of the ''[[Divorce Act]]'', the Supreme Court can vary ''Divorce Act'' orders for custody or access made anywhere in Canada, as long as the person making the application, the ''applicant'', normally lives in British Columbia when the application is made or if both spouses agree to have the application heard in British Columbia. If the child has deeper roots and greater social ties in the other province, the court is likely to refuse to make the requested order and instead order that <span class="noglossary">a transfer of</span> the matter to be heard there.

[http://canlii.ca/t/7vbw#sec17 Section 17] of the ''[[Divorce Act]]'' gives the court the authority to hear and decide variation applications. Under this section, the court may vary, cancel, or suspend orders dealing with custody and access.

Line 209:

===''Divorce Act'' orders===

Under [http://canlii.ca/t/7vbw#sec5 s. 5] of the ''Divorce Act'', the Supreme Court has the jurisdiction to vary an order for child support as long as either spouse was ordinarily living in the province at the time the action started, no matter which province's courts made the original order. (The Provincial Court cannot make or vary orders under the ''Divorce Act''.) [http://canlii.ca/t/7vbw#sec17 Section 17] of the ''Divorce Act'' gives the court the authority to change, cancel, or suspend orders for support made under that act.

Under [http://canlii.ca/t/7vbw#sec5 section 5] of the ''Divorce Act'', the Supreme Court has the jurisdiction to vary an order for child support as long as either spouse was ordinarily living in the province at the time the action started, no matter which province's courts made the original order. (The Provincial Court cannot make or vary orders under the ''Divorce Act''.) [http://canlii.ca/t/7vbw#sec17 Section 17] of the ''Divorce Act'' gives the court the authority to change, cancel, or suspend orders for support made under that act.

Section 17 of the ''Divorce Act'' says this:

Line 268:

<blockquote><tt>(c) evidence of a lack of financial disclosure by a party was discovered after the last order was made.</tt></blockquote>

This all boils down to the idea that the court can change an order for child support if there has been a change of circumstances, as defined by [http://canlii.ca/t/80mh#sec14 s. 14] of the [[Child Support Guidelines]] (reproduced above), since the last order, or if new evidence has been discovered since the order was made.

This all boils down to the idea that the court can change an order for child support if there has been a change of circumstances, as defined by [http://canlii.ca/t/80mh#sec14 section 14] of the [[Child Support Guidelines]] (reproduced above), since the last order, or if new evidence has been discovered since the order was made.

====Financial Statements====

@@ Line 64: / Line 64: @@
 ===''Divorce Act'' orders===
-Under [http://canlii.ca/t/7vbw#sec5 s. 5] of the ''[[Divorce Act]]'', the Supreme Court can vary ''Divorce Act'' orders for custody or access made anywhere in Canada, as long as the person making the application, the ''applicant'', normally lives in British Columbia when the application is made or if both spouses agree to have the application heard in British Columbia. If the child has deeper roots and greater social ties in the other province, the court is likely to refuse to make the requested order and instead order that <span class="noglossary">a transfer of</span> the matter to be heard there.
+Under [http://canlii.ca/t/7vbw#sec5 section 5] of the ''[[Divorce Act]]'', the Supreme Court can vary ''Divorce Act'' orders for custody or access made anywhere in Canada, as long as the person making the application, the ''applicant'', normally lives in British Columbia when the application is made or if both spouses agree to have the application heard in British Columbia. If the child has deeper roots and greater social ties in the other province, the court is likely to refuse to make the requested order and instead order that <span class="noglossary">a transfer of</span> the matter to be heard there.
 [http://canlii.ca/t/7vbw#sec17 Section 17] of the ''[[Divorce Act]]'' gives the court the authority to hear and decide variation applications. Under this section, the court may vary, cancel, or suspend orders dealing with custody and access.
@@ Line 209: / Line 209: @@
 ===''Divorce Act'' orders===
-Under [http://canlii.ca/t/7vbw#sec5 s. 5] of the ''Divorce Act'', the Supreme Court has the jurisdiction to vary an order for child support as long as either spouse was ordinarily living in the province at the time the action started, no matter which province's courts made the original order. (The Provincial Court cannot make or vary orders under the ''Divorce Act''.) [http://canlii.ca/t/7vbw#sec17 Section 17] of the ''Divorce Act'' gives the court the authority to change, cancel, or suspend orders for support made under that act.
+Under [http://canlii.ca/t/7vbw#sec5 section 5] of the ''Divorce Act'', the Supreme Court has the jurisdiction to vary an order for child support as long as either spouse was ordinarily living in the province at the time the action started, no matter which province's courts made the original order. (The Provincial Court cannot make or vary orders under the ''Divorce Act''.) [http://canlii.ca/t/7vbw#sec17 Section 17] of the ''Divorce Act'' gives the court the authority to change, cancel, or suspend orders for support made under that act.
 Section 17 of the ''Divorce Act'' says this:
@@ Line 268: / Line 268: @@
 <blockquote><tt>(c) evidence of a lack of financial disclosure by a party was discovered after the last order was made.</tt></blockquote>
-This all boils down to the idea that the court can change an order for child support if there has been a change of circumstances, as defined by [http://canlii.ca/t/80mh#sec14 s. 14] of the [[Child Support Guidelines]] (reproduced above), since the last order, or if new evidence has been discovered since the order was made.
+This all boils down to the idea that the court can change an order for child support if there has been a change of circumstances, as defined by [http://canlii.ca/t/80mh#sec14 section 14] of the [[Child Support Guidelines]] (reproduced above), since the last order, or if new evidence has been discovered since the order was made.
 ====Financial Statements====

Difference between revisions of "Changing Orders in Family Matters"

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