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Difference between revisions of "Changing Orders in Family Matters"

From Clicklaw Wikibooks
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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.
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] of the [[Family Law Act]] sets out the test to vary orders about parenting arrangements:
Section 47 of the ''[[Family Law Act]]'' sets out the test to vary orders about parenting arrangements:


<blockquote><tt>On application, a court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.</tt></blockquote>
<blockquote><tt>On application, a court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.</tt></blockquote>