Anonymous

Difference between revisions of "Changing Orders in Family Matters"

From Clicklaw Wikibooks
Line 13: Line 13:
==Orders about the care of children==
==Orders about the care of children==


Parents often want to vary an order about the care of children because something has changed for the parents. The court, on the other hand, is only interested in varying an order because something has changed that affects the children. The court will not vary an order simply because one parent is annoyed with the other parent; something new must have happened that affects the child's best interests since the last order was made, or the court will leave the old arrangements alone. If you want to make an application to vary an order about the care of a child, remember that variation applications are always about the child, not you.
Parents often want to vary an order about the care of children because something has changed for the parents. The court, on the other hand, is only interested in varying an order because something has changed that affects the children. The court will not vary an order simply because one parent is annoyed with the other parent or doesn't like the original order; something new must have happened that affects the child's best interests since the last order was made, or the court will leave the old arrangements alone. If you want to make an application to vary an order about the care of a child, remember that variation applications are always about the child, not you.  


The process for applying to vary an order will depend on whether the original order was made under the federal ''[[Divorce Act]]'' or the provincial ''[[Family Law Act]]'', and if under the ''Family Law Act'', whether the order was made by the Supreme Court or the Provincial Court.
The process for applying to vary an order will depend on whether the original order was made under the federal ''[[Divorce Act]]'' or the provincial ''[[Family Law Act]]'', and if under the ''Family Law Act'', whether the order was made by the Supreme Court or the Provincial Court.