2,667
edits
Difference between revisions of "Changing Orders in Family Matters"
From Clicklaw Wikibooks
Changing Orders in Family Matters (view source)
Revision as of 21:54, 19 May 2013
, 21:54, 19 May 2013→Changing consent orders for support
| Line 315: | Line 315: | ||
A "consent order" is an order that the parties agree the court should make. As such, consent orders have a different status than orders that were argued about, since there is an assumption that the parties to the order knew what they were doing when they agreed to the terms of the order, and had a reasonable knowledge of what their circumstances were at the time of the order and what they were likely to be in the future. | A "consent order" is an order that the parties agree the court should make. As such, consent orders have a different status than orders that were argued about, since there is an assumption that the parties to the order knew what they were doing when they agreed to the terms of the order, and had a reasonable knowledge of what their circumstances were at the time of the order and what they were likely to be in the future. | ||
The test for changing consent orders for spousal support used to be the "material change" test, described | The test for changing consent orders for spousal support used to be the "material change" test, described above. The question was "has there been a material change in the means and needs of either spouse that is connected to the marriage, and which would have resulted in a different order being made had the change had been known of at the time of the original order?" In the 2003 case of ''[http://canlii.ca/t/1g5lh Miglin v. Miglin]'', [2003] 1 SCR 303 the Supreme Court of Canada decided that the material change test should no longer apply to changing agreements for support and described a three-step test to be used when deciding whether a change is warranted: | ||
#Was the order negotiated and entered into fairly, that is, was there an equality of bargaining power? | #Was the order negotiated and entered into fairly, that is, was there an equality of bargaining power? | ||
