1,399
edits
Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"
Jump to navigation
Jump to search
m
Changing Family Law Orders and Agreements Involving Children (view source)
Revision as of 21:27, 25 June 2019
, 21:27, 25 June 2019→Changing orders and agreements about access, parenting time and contact
| Line 135: | Line 135: | ||
*a party is constantly late or cancels visits frequently, | *a party is constantly late or cancels visits frequently, | ||
*the child is older and is more able to spend more time with the visiting parent, | *the child is older and is more able to spend more time with the visiting parent, | ||
*a party has moved and the old parenting schedule is no longer convenient or | *a party has moved and the old parenting schedule is no longer convenient, or | ||
*the child wishes to see the visiting party more or less often. | *the child wishes to see the visiting party more or less often. | ||
The case of ''[http://canlii.ca/t/1fr99 Gordon v. Goertz]'' also applies to changing access orders under the ''Divorce Act'': the applicant must show that there has been a serious change in circumstances that affects the child's best interests before a court will even consider the application | The case of ''[http://canlii.ca/t/1fr99 Gordon v. Goertz]'' also applies to changing access orders under the ''Divorce Act'': the applicant must show that there has been a serious change in circumstances that affects the child's best interests before a court will even consider the application and, once this hurdle is crossed, the court will look at all of the circumstances before making a decision about access as if the matter was being heard for the first time, with no presumption in favour of how things used to be. | ||
Under ss. 47 and 60 of the ''[[Family Law Act]]'', the court may vary an order for parenting time or contact if it is satisfied that: | Under ss. 47 and 60 of the ''[[Family Law Act]]'', the court may vary an order for parenting time or contact if it is satisfied that: | ||
| Line 162: | Line 162: | ||
Even better would be an order or agreement that says: | Even better would be an order or agreement that says: | ||
<blockquote>"Sally will have the child from Friday at 4:00pm or the end of the school day, whichever is earlier, to the following Sunday at 6:00pm, every other week. If the Friday is a statutory holiday or a school professional development | <blockquote>"Sally will have the child from Friday at 4:00pm or the end of the school day, whichever is earlier, to the following Sunday at 6:00pm, every other week. If the Friday is a statutory holiday or a school professional development day, Sally will have the child from Thursday at 4:00pm. If the Monday following the Sunday is a statutory holiday or a school professional development day, Sally will have the child until Monday at 6:00pm.</blockquote> | ||
<blockquote>"Sally will be responsible for picking the child up at the beginning of her access to the child and Bob will be responsible for picking the child up at the conclusion of Sally's access to the child.</blockquote> | <blockquote>"Sally will be responsible for picking the child up at the beginning of her access to the child and Bob will be responsible for picking the child up at the conclusion of Sally's access to the child.</blockquote> | ||
<blockquote>"In the event that Sally is unable to care for the child during a scheduled access visit, Sally will give at least two days' notice to Bob.</blockquote> | <blockquote>"In the event that Sally is unable to care for the child during a scheduled access visit, Sally will give at least two days' notice to Bob.</blockquote> | ||
<blockquote>"On Fathers' Day, Sally's parenting time with the child will be suspended from 10:00am to 2:00pm, during which time Bob will have the child.</blockquote> | <blockquote>"On Fathers' Day, Sally's parenting time with the child will be suspended from 10:00am to 2:00pm, during which time Bob will have the child.</blockquote> | ||
<blockquote>"Sally's parenting time with the child will be suspended during the summer, winter and spring school holidays, during which periods the following holiday access schedule will prevail..."</blockquote> | <blockquote>"Sally's parenting time with the child will be suspended during the summer, winter, and spring school holidays, during which periods the following holiday access schedule will prevail...."</blockquote> | ||
Where there has been a history of difficulties, the court will generally be prepared to provide specific terms setting out the parenting arrangements. | Where there has been a history of difficulties, the court will generally be prepared to provide specific terms setting out the parenting arrangements. | ||
| Line 189: | Line 189: | ||
*a party was interfering with the child's relationship with the other party, so that more time was required to restore the relationship, | *a party was interfering with the child's relationship with the other party, so that more time was required to restore the relationship, | ||
*a party was interfering with and unreasonably limiting the time provided to the other person in an order or agreement, | *a party was interfering with and unreasonably limiting the time provided to the other person in an order or agreement, | ||
*a child is older and able to spend more time away from a parent, | *a child is older and able to spend more time away from a parent, or | ||
*a child over the age of eleven or twelve or so has expressed a wish to see more of the other person. | *a child over the age of eleven or twelve or so has expressed a wish to see more of the other person. | ||