Difference between revisions of "Enforcing Orders, Awards and Agreements Involving Children"

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(Created page with "{{JP Boyd on Family Law TOC|expanded = children}}{{JPBOFL Editor Badge |ChapterEditors = Mary Mouat, QC and Samantha Rapoport }} {{LSSbadge |resourcetype =...")
 
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|resourcetype = <br/> a fact sheet on  
 
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|link        = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/changingFinalOrder.php when you can change <br/>a final order]  
 
|link        = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/changingFinalOrder.php when you can change <br/>a final order]  
}}There really is no such thing as an absolutely final order, award or agreement involving children. All orders, awards and agreements involving children may be changed, but, in general, something new and important must have happened since the original order or agreement was made that affects the best interests of the children, including a change in the capacity of an adult to care for them, before the order, award or agreement is changed. In family law, "material change in circumstances" is the term used to describe when something new has happened that may justify a change to an order, award or agreement.
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}}Final orders, awards and agreements about arrangements for parenting and contact after separation are meant to give parents and other adults involved with the child a set of rules that describe how decisions affecting children are to be made, how much time each of the adults will have with the children, and when each adult's time with the children begins and ends. The point of having rules includes: creating certainty about where the kids will be and when they'll be there; allowing parents to make plans for holidays, trips and special occasions well in advance; and, most importantly, reducing conflict between the adults involved in the children's lives. When one or more of the parties to an order, an award or an agreement don't follow those rules, these benefits are lost and it may be necessary to take steps to enforce the order, award or agreement so that everyone does the things rules require them to do.
  
This section talks about changing orders, awards and agreements about the arrangements for children's parenting and contact under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''.
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The process for enforcing orders generally is discussed in the section [[Enforcing_Orders_in_Family_Matters|Enforcing Orders]] in the [[Resolving_Family_Law_Problems_in_Court|Resolving Problems in Court]] chapter; the process for enforcing agreements generally is discussed in the section [[Enforcing_Family_Law_Agreement|Enforcing Agreements]] in the [[Family_Law_Agreements|Family Law Agreements]] chapter. Under section 19.20 of the ''[[Family Law Act]]'', arbitrator's awards are enforced the way court orders are enforced.
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This section talks about the special processes and remedies available for enforcing orders, awards and agreements about arrangements for parenting and contact under the ''Family Law Act''.
  
 
==Introduction==
 
==Introduction==

Revision as of 17:51, 24 August 2022

Final orders, awards and agreements about arrangements for parenting and contact after separation are meant to give parents and other adults involved with the child a set of rules that describe how decisions affecting children are to be made, how much time each of the adults will have with the children, and when each adult's time with the children begins and ends. The point of having rules includes: creating certainty about where the kids will be and when they'll be there; allowing parents to make plans for holidays, trips and special occasions well in advance; and, most importantly, reducing conflict between the adults involved in the children's lives. When one or more of the parties to an order, an award or an agreement don't follow those rules, these benefits are lost and it may be necessary to take steps to enforce the order, award or agreement so that everyone does the things rules require them to do.

The process for enforcing orders generally is discussed in the section Enforcing Orders in the Resolving Problems in Court chapter; the process for enforcing agreements generally is discussed in the section Enforcing Agreements in the Family Law Agreements chapter. Under section 19.20 of the Family Law Act, arbitrator's awards are enforced the way court orders are enforced.

This section talks about the special processes and remedies available for enforcing orders, awards and agreements about arrangements for parenting and contact under the Family Law Act.

Introduction

These are just a few of the circumstances in which a person's time with a child can be increased from the amount provided in an order, award or agreement. As long as there has been a change in circumstances since the order, award or agreement about parenting time or contact was made and the increased time is in the children's best interests, schedules can be adjusted.

Resources and links

Legislation

Links


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, 22 August 2022.


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