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Difference between revisions of "Changing Orders in Family Matters"
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Changing Orders in Family Matters (view source)
Revision as of 22:03, 28 June 2019
, 22:03, 28 June 2019→A few preliminary comments
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Before embarking on the rest of this chapter, it is useful to know the following: | Before embarking on the rest of this chapter, it is useful to know the following: | ||
*There is a difference between a | *There is a difference between a ''review'' of a final order and a ''variation'' of a final order: | ||
A review does not require that the party seeking the review establishes a material change of circumstance (as is required to get a variation of a court order). Rather, a review is treated as if the issue were being considered by the parties (and the court) for the first time. It is usually made available to parties if circumstances were uncertain at the time the order was made. For example, if one party was to undergo retraining before entering (or re-entering) the workforce, that party would likely need a higher amount of spousal support while attending school but would not know how much income | A review does not require that the party seeking the review establishes a material change of circumstance (as is required to get a variation of a court order). Rather, a review is treated as if the issue were being considered by the parties (and the court) for the first time. It is usually made available to parties if circumstances were uncertain at the time the order was made. For example, if one party was to undergo retraining before entering (or re-entering) the workforce, that party would likely need a higher amount of spousal support while attending school, but would not know how much income they could expect to earn after they finished school. | ||
*There is a difference between varying a final order made by a judge after a hearing or a trial and varying a final order made by consent (meaning both parties agreed to it): | *There is a difference between varying a final order made by a judge after a hearing or a trial and varying a final order made by consent (meaning both parties agreed to it): | ||
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*Although it is sometimes possible to vary an interim order, this chapter mostly applies to final orders. | *Although it is sometimes possible to vary an interim order, this chapter mostly applies to final orders. | ||
Section 216(3) allows the court to change, suspend or terminate an interim order if: | Section 216(3) allows the court to change, suspend, or terminate an interim order if: | ||
<blockquote><tt>(a) a change in circumstances has occurred since the interim order was made; or</tt></blockquote> | <blockquote><tt>(a) a change in circumstances has occurred since the interim order was made; or</tt></blockquote> | ||