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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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Where there is no court order or agreement with respect to parenting arrangements in place, section 46 of the ''Family Law Act'' applies. Here is how that process works: | Where there is no court order or agreement with respect to parenting arrangements in place, section 46 of the ''Family Law Act'' applies. Here is how that process works: | ||
Before there is a change to a child’s residence that can reasonably be expected to have a significant impact on that child’s relationship with another guardian, the guardian seeking the change in residence must bring an application for an order respecting parenting time, pursuant to s. 45 of the ''Family Law Act''. | |||
Section 46(2) of the ''Family Law Act'' sets out the test to determine whether there can be changes to a child’s residence: To determine the parenting arrangements that would be in the best interests of the child in the circumstances set out in subsection (1) of this section, the court | |||
(a) must consider, in addition to the factors set out in section 37 (2) [best interests of child], the reasons for the change in the location of the child's residence, and | (a) must consider, in addition to the factors set out in section 37 (2) [best interests of child], the reasons for the change in the location of the child's residence, and | ||
(b) must not consider whether the guardian who is planning to move would do so without the child. | (b) must not consider whether the guardian who is planning to move would do so without the child. | ||
