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Difference between revisions of "Interim Applications in Family Matters"

From Clicklaw Wikibooks
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*a description of any actual problems with a parent's capacity to care for the children.
*a description of any actual problems with a parent's capacity to care for the children.


If the application is to change an ''order'' about the care of the children, important facts will include the facts which address the threshold legal test...
If the application is to change an ''order'' about the care of the children, important facts will include the facts that address the threshold legal test:
 
#what is the change in the child's needs or circumstances since the order was made, and
#what is the change in the child's needs or circumstances since the order was made, and
#how has this change has affected the best interests of the children.
#how has this change has affected the best interests of the children.


...as well as other important facts such as:
Other important facts include:


#how the order had worked out,
#how the order has worked out,
#did the parents follow the terms of the order, and
#if the parents followed the terms of the order, and
#has the order met the children's needs and if not, why not.
#if the order met the children's needs and if not, why not.


If the application is to set aside an ''agreement'' about the care of the children, important facts will include the facts which address the threshold legal test...
If the application is to set aside an ''agreement'' about the care of the children, important facts will include the facts that address the threshold legal test...


*why the agreement is not in the best interests of the children.
*why the agreement is not in the best interests of the children.
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#how the agreement has worked out,
#how the agreement has worked out,
#did the parents follow the terms of the agreement, and
#if the parents followed the terms of the agreement, and
#has the agreement met the children's needs and if not, why not.
#if the agreement met the children's needs and if not, why not.


===Child support===
===Child support===
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