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Difference between revisions of "Changing Orders in Family Matters"
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Changing Orders in Family Matters (view source)
Revision as of 21:17, 15 April 2013
, 21:17, 15 April 2013→Family Law Act orders
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===''Family Law Act'' orders=== | ===''Family Law Act'' orders=== | ||
Both the Supreme Court and the Provincial Court can vary orders for guardianship, parenting arrangements and contact. An application to vary an order can only be brought to the court | Both the Supreme Court and the Provincial Court can vary orders for guardianship, parenting arrangements, and contact. An application to vary an order can only be brought to the court that made the original order, which means that an order of the Supreme Court can only be varied by the Supreme Court and an order of the Provincial Court can generally only be varied by the Provincial Court. | ||
[http://canlii.ca/t/8q3k Section 47] sets out the test to vary orders about parenting arrangements: | [http://canlii.ca/t/8q3k Section 47] sets out the test to vary orders about parenting arrangements: | ||
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<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> | <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 account in considering the best interests of the child are set out at s. 37(2). | 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 account in considering the best interests of the child are set out at s. 37(2). | ||
Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements or contact with a child. The ''Family Law Act'' is too new to know how the court will handle questions like these. | Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements, or contact with a child. The ''Family Law Act'' is too new to know how the court will handle questions like these. | ||
These are the primary sections of the ''[[Family Law Act]]'' dealing with varying orders about the care of children: | These are the primary sections of the ''[[Family Law Act]]'' dealing with varying orders about the care of children: | ||
