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)

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→‎Changing Orders About Guardianship and Parental Responsibilities
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==Changing Orders About Guardianship and Parental Responsibilities==
==Changing Orders About Guardianship and Parental Responsibilities==


The court will vary an order or agreement which provides for guardianship when the terms of the order or agreement are not in the best interests of the child.
The ''Family Law Act'' has rules about who is presumed to be a guardian. When someone is presumed to be a guardian, that person ''is'' a guardian, without the need for an order. The only people who have to have an order making them a guardian are the people who don't fit into those presumptions, like aunts and uncles, grandparents and other people who have established a caring relationship with a child.  


In situations of sole custody and joint guardianship, the court may order a change to sole guardianship where the parties simply cannot get along well enough to share parenting decisions. In general, a change from joint to sole guardianship will be ordered where the parents' relationship has worsened to the point that they can no longer cooperate effectively in the best interests of the children.
Those orders can be changed


The court may also change an order for sole guardianship to an order for joint guardianship where the parent with sole guardianship has refused to keep the other parent involved in the child's life or up to date on important events in the child's life.
===Guardianship===


In situations of sole custody and sole guardianship, guardianship may be changed when the order or agreement for custody is changed, that is, where custody changes from one parent to the other, or where the sole custody arrangement is changed to joint custody.
Orders about guardiansh
 
Orders or agreements for joint guardianship might be changed if:
 
a parent is refusing to keep the other parent up to speed on important issues and events in the child's life;
the parents are persistently unable to agree on important decisions about the child;
a parent is intentionally giving false information about the child to the other parent; or,
the parents' views about raising the children are fundamentally opposed to each other about something very important, like medical care or religious instruction.
Orders or agreements for sole guardianship might be changed if:
 
the parent with sole guardianship has a history of making poor decisions;
the parent with sole guardianship is concealing important developments in the child's life from the other parent; or,
the parent without guardianship becomes capable of cooperating with the parent with sole guardianship.
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==Changing Orders About Access, Parenting Time and Contact==
==Changing Orders About Access, Parenting Time and Contact==
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