Difference between revisions of "Changing Orders in Family Matters"

Changing Orders in Family Matters (view source)

385 bytes added , 04:52, 5 July 2017

88

edits

@@ Line 28: / Line 28: @@
 <blockquote><tt>(9) In making a variation order varying a custody order, the court shall give effect to the principle that a child of the marriage should have as much contact with each former spouse as is consistent with the best interests of the child and, for that purpose, where the variation order would grant custody of the child to a person who does not currently have custody, the court shall take into consideration the willingness of that person to facilitate such contact.</tt></blockquote>
-It's up to the applicant to show that there has been a change in the "condition, means, needs or other circumstances of the child" since the last order was made.
+It's up to the applicant to show that there has been a change in the "condition, means, needs or other circumstances of the child" since the last order was made.  In its 2011 decision of P.(L.M.) v. S.(L.), 2011 SCC 64, the Supreme Court of Canada articulated that:
+- the change must be one that if known at the time of the initial order would have resulted in different terms; and - the test is based not on what one party knew or reasonably foresaw, but rather on what the parties actually contemplated at the time the original order was made.
 ====Changing orders about custody====