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Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"
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Changing Family Law Orders and Agreements Involving Children (view source)
Revision as of 00:52, 24 April 2013
, 00:52, 24 April 2013→Varying orders
Gayla Reid (talk | contribs) |
Gayla Reid (talk | contribs) m (→Varying orders) |
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The test to vary orders about contact is at s. 60, and says exactly the same thing, just with the word "contact" in place of the phrase "parenting arrangements". | The test to vary orders about contact is at s. 60, and says exactly the same thing, just with the word "contact" in place of the phrase "parenting arrangements". | ||
The general test under the ''[[Family Law Act]]'' to vary orders is at s. 215(1. It applies when there isn't a specific test required for a particular order the way ss. 47 and 60 are required for orders about parenting arrangements and contact. Since there's no specific to test to vary orders for guardianship, it's the general test that will apply: | The general test under the ''[[Family Law Act]]'' to vary orders is at s. 215(1). It applies when there isn't a specific test required for a particular order the way ss. 47 and 60 are required for orders about parenting arrangements and contact. Since there's no specific to test to vary orders for guardianship, it's the general test that will apply: | ||
<blockquote><tt>Subject to this Act, a court on application by a party may change, suspend or terminate an order, if there has been a change in circumstances since the order was made.</tt></blockquote> | <blockquote><tt>Subject to this Act, a court on application by a party may change, suspend or terminate an order, if there has been a change in circumstances since the order was made.</tt></blockquote> | ||
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Whenever the court is asked to make an order about guardianship, parenting arrangements, and contact, s. 37(1) requires the court to consider only the best interests of the child. The factors to be taken into <span class="noglossary">account</span> in considering the best interests of the child are set out at s. 37(2). | Whenever the court is asked to make an order about guardianship, parenting arrangements, and contact, s. 37(1) requires the court to consider only the best interests of the child. The factors to be taken into <span class="noglossary">account</span> in considering the best interests of the child are set out at s. 37(2). | ||
Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements, or contact with a child. The ''Family Law Act'' is too new to know how the court will handle questions like these. | Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements, or contact with a child. The ''Family Law Act'' is too new for us to know how the court will handle questions like these. | ||
====Setting aside agreements==== | ====Setting aside agreements==== | ||