Changing Orders in Family Matters: Difference between revisions

Section 216(3) allows the court to change, suspend or terminate an interim order if:

(b) evidence of a substantial nature that was not available at the time the interim order was made has become available.

When faced with an application to change, suspend or vary an interim order, section 216(4) requires the court to consider all of the following factors:

(a) the change in circumstances or the evidence, or both;

(b) the length of time that has passed since the interim order was made;

(c) whether the interim order was made for the purpose of having a temporary arrangement in place, with the intention that the arrangement

     (i) would not adversely affect the position of either party during negotiations, during family dispute resolution or at trial, and

     (ii) would not necessarily reflect the final arrangement between the parties;

(d) whether a trial has been scheduled;  and

(e) any potential adverse effect, on a party or a child of a party, of either making or declining to make an order under subsection (3).