Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"
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|resourcetype = <br/> a fact sheet on | |resourcetype = <br/> a fact sheet on | ||
|link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/changingFinalOrder.php when you can change <br/>a final order] | |link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/changingFinalOrder.php when you can change <br/>a final order] | ||
}}There really is no such thing as an absolutely final order or agreement involving children. All orders and agreements involving children | }}There really is no such thing as an absolutely final order or agreement involving children. All orders and agreements involving children may be changed, but, in general, something new must have happened since the original order or agreement was made that affects the best interests of the children. In family law, ''change in circumstances'' is the term used to describe when something new has happened that justifies a change to the order or agreement. | ||
This section talks about changing orders for custody and access under the ''[[Divorce Act]]'' and about changing orders and agreements about parenting arrangements and contact under the ''[[Family Law Act]]''. It also discusses relocation, a special problem that comes up when a guardian wants to move, usually with the children, to a different town, province or country. | This section talks about changing orders for custody and access under the ''[[Divorce Act]]'' and about changing orders and agreements about parenting arrangements and contact under the ''[[Family Law Act]]''. It also discusses relocation, a special problem that comes up when a guardian wants to move, usually with the children, to a different town, province or country. | ||
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====Varying orders==== | ====Varying orders==== | ||
Both the Supreme Court and the Provincial Court have the jurisdiction to vary orders and set aside agreements for guardianship, parenting arrangements, and contact. ''Parenting arrangements'' means the parts of an order or agreement that talk about parental responsibilities and parenting time. As a rule of thumb, applications to vary orders can only be brought to the court that made the original order. 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 have the jurisdiction to vary orders and set aside agreements for guardianship, parenting arrangements, and contact. However, the Order being varied must be from the court. ''Parenting arrangements'' means the parts of an order or agreement that talk about parental responsibilities and parenting time. As a rule of thumb, applications to vary orders can only be brought to the court that made the original order. 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. | ||
Section 47 sets out the test to vary orders about parenting arrangements: | Section 47 sets out the test to vary orders about parenting arrangements: | ||
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<blockquote>"Sally's parenting time with the child will be suspended during the summer, winter and spring school holidays, during which periods the following holiday access schedule will prevail..."</blockquote> | <blockquote>"Sally's parenting time with the child will be suspended during the summer, winter and spring school holidays, during which periods the following holiday access schedule will prevail..."</blockquote> | ||
Where there has been a history of difficulties, the court will generally be | Where there has been a history of difficulties, the court will generally be prepared to further specifying the terms of access. | ||
===Reducing time with a child=== | ===Reducing time with a child=== | ||
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*a party has moved far enough away as to make the original access schedule impossible to comply with, | *a party has moved far enough away as to make the original access schedule impossible to comply with, | ||
*a mature child | *a mature child has expressed a wish not to see the person, | ||
*a party has suffered a mental or physical illness, such that the children's health and welfare are at risk in his or her care, | *a party has suffered a mental or physical illness, such that the children's health and welfare are at risk in his or her care, | ||
*the parties' relationship has worsened to the point that they can no longer cooperate, | *the parties' relationship has worsened to the point that they can no longer cooperate, | ||
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{{REVIEWED | reviewer = [[JP Boyd]], | {{REVIEWED | reviewer = [[JP Boyd]], February 18, 2015}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||