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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)
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*There is no way to balance the effect of the move with more extended time with the other spouse, such as extended summer access, or access over the whole of the winter holiday. | *There is no way to balance the effect of the move with more extended time with the other spouse, such as extended summer access, or access over the whole of the winter holiday. | ||
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It is almost impossible to predict the result of an application to move under ''Gordon''. Because relocation issues are among the most hotly argued and difficult issues there are in family law, the assistance of a lawyer is highly recommended. | It is almost impossible to predict the result of an application to move under ''[http://canlii.ca/t/1fr99 Gordon v. Goertz]''. Because relocation issues are among the most hotly argued and difficult issues there are in family law, the assistance of a lawyer is highly recommended. | ||
===The | ===The rules under the ''Family Law Act''=== | ||
The situation is much different under the ''Family Law Act''. One of the most important changes this law has introduced are new legal obligations for guardians who are planning on relocating and a new test to determine whether a guardian should relocate if another guardian objects. Here's how it works. | The situation is much different under the ''[[Family Law Act]]''. One of the most important changes this law has introduced are new legal obligations for guardians who are planning on relocating and a new test to determine whether a guardian should relocate if another guardian objects. Here's how it works. | ||
First, under s. 66, a ''guardian'' who plans a move that will have a "significant impact" on the child's relationship with a guardian or other people with a significant role in the child's life must give ''written notice'' of the proposed move ''at least 60 days'' before the move, to all guardians and persons with contact with the child. (The guardian who is moving can apply to court for an exception to this requirement.) The notice must state the place the guardian plans on moving to and the date of the move. This requirement applies whether a guardian is planning on moving with a child or by him- or herself. | First, under s. 66, a ''guardian'' who plans a move that will have a "significant impact" on the child's relationship with a guardian or other people with a significant role in the child's life must give ''written notice'' of the proposed move ''at least 60 days'' before the move, to all guardians and persons with contact with the child. (The guardian who is moving can apply to court for an exception to this requirement.) The notice must state the place the guardian plans on moving to and the date of the move. This requirement applies whether a guardian is planning on moving with a child or by him- or herself. | ||
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Third, if the parties can't resolve their views about the move, the ''moving guardian'' must prove, under s. 69(4) that: | Third, if the parties can't resolve their views about the move, the ''moving guardian'' must prove, under s. 69(4) that: | ||
#he or she has proposed to move "in good faith" | #he or she has proposed to move "in good faith", and | ||
#he or she has proposed "reasonable and workable" arrangements to preserve the child's relationships with other guardians and person with significant roles in the child's life. | #he or she has proposed "reasonable and workable" arrangements to preserve the child's relationships with other guardians and person with significant roles in the child's life. | ||
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The test is a bit different if the moving guardian and the objecting guardian share the child's time equally or almost-equally. In that case, the ''moving guardian'' must prove, under s. 69(5) that: | The test is a bit different if the moving guardian and the objecting guardian share the child's time equally or almost-equally. In that case, the ''moving guardian'' must prove, under s. 69(5) that: | ||
#he or she has proposed to move "in good faith" | #he or she has proposed to move "in good faith", | ||
#he or she has proposed "reasonable and workable" arrangements to preserve the child's relationships with other guardians and person with significant roles in the child's life | #he or she has proposed "reasonable and workable" arrangements to preserve the child's relationships with other guardians and person with significant roles in the child's life, and | ||
#the move is in the child's best interests. | #the move is in the child's best interests. | ||
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Although a person with contact lacks the ability to apply to stop the moving guardian from relocating, he or she may apply under s. 67(2) for an order for contact or to vary an order for contact "for the purpose of maintaining the relationship between the child and a person having contact with the child". | Although a person with contact lacks the ability to apply to stop the moving guardian from relocating, he or she may apply under s. 67(2) for an order for contact or to vary an order for contact "for the purpose of maintaining the relationship between the child and a person having contact with the child". | ||
<!---HIDDEN | |||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||
* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | * <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | ||
END HIDDEN---> | |||
==Page | ==Page resources and links== | ||
===Legislation=== | ===Legislation=== | ||
* | * [[Family Law Act]] | ||
* [[Divorce Act]] | |||
===Links=== | ===Links=== | ||
* | * [http://www.familylaw.lss.bc.ca/guides/change/cantAgree/index.php Legal Services Society Family Law in BC Website: How to change a family law order (Supreme Court and Provincial Court)] | ||
* | * [http://www.familylaw.lss.bc.ca/guides/change/cantAgree/index.php Legal Services Society Family Law in BC Website: Fact sheet on when you can change a final order] | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||