Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"
Jump to navigation
Jump to search
m (→Links) |
Nate Russell (talk | contribs) |
||
| Line 13: | Line 13: | ||
Changing an order is called ''varying'' an order. An order can only be varied by a new order. Changing an agreement is called ''amending'' an agreement. An agreement can be amended by making a new agreement, usually called an ''addendum agreement'' or something to the same effect. It can also be changed by the court setting the agreement aside and making an order in its place. | Changing an order is called ''varying'' an order. An order can only be varied by a new order. Changing an agreement is called ''amending'' an agreement. An agreement can be amended by making a new agreement, usually called an ''addendum agreement'' or something to the same effect. It can also be changed by the court setting the agreement aside and making an order in its place. | ||
Parents usually want to vary an order or agreement because something has changed. The court will not vary an order or agreement lightly. The person who wants to change an order must establish that there has been a | Parents usually want to vary an order or agreement because something has changed. The court will not vary an order or agreement lightly. The person who wants to change an order must establish that there has been a ''change in circumstances'' since the order was made. | ||
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''. If it was made under the ''Family Law Act'', it will depend on whether the order was made by the Supreme Court or the Provincial Court. Almost the same general considerations that apply to varying orders apply to setting aside agreements. | 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''. If it was made under the ''Family Law Act'', it will depend on whether the order was made by the Supreme Court or the Provincial Court. Almost the same general considerations that apply to varying orders apply to setting aside agreements. | ||