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Changes
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Changing an order is called ''varying'' an order. An order can only be varied by a new order. Changing an agreement is called ''amending'' an agreement. An agreement can be amended by making a new agreement, usually called an ''addendum agreement'' or something to the same effect, or by the court setting the agreement aside and making a different order in its place.
Parents usually want to vary an order or agreement because something has changed for the parents. The court, on the other hand, is only interested in varying will not vary an order or agreement because something has changed for the childrenlightly. The court will not vary person who wants to change an order or agreement just because one parent is annoyed with the other parent; something new must have happened establish that affects the child's best interests there has been a "change in circumstances" since the last order was made, or the court will leave the old arrangements alone.
The process for applying to vary an order will depend on whether the original order was made under the federal ''Divorce Act'' or the provincial ''Family Law Act'', and, if under the ''Family Law Act'', whether the order was made by the Supreme Court or the Provincial Court. Almost the same general considerations that apply to varying orders apply to setting aside agreements.
====Varying orders====
Both the Supreme Court and the Provincial Court have the jurisdiction to vary orders and set aside agreements for guardianship, parenting arrangements, and contact. However, the Order being varied must be from the court. ''Parenting arrangements'' means the parts of an order or agreement that talk about parental responsibilities and parenting time. As a rule of thumb, applications to vary orders can only be brought to the court that made the original order. An : an order of the Supreme Court can only be varied by the Supreme Court and an order of the Provincial Court can generally only be varied by the Provincial Court.
Section 47 of the ''Family Law Act'' sets out the test to vary orders about parenting arrangements:
<blockquote><tt>On application, a court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.</tt></blockquote>
====Setting aside agreements====
Under the ''[[Family Law Act]]'', the court cannot vary or amend a valid agreement. When the court is convinced that an agreement must change, the court will set aside the parts of the agreement that are causing the problem and make an order in place of the parts of the agreement that were set aside. Section 214 of the act Act says this:
<blockquote><tt>(1) If an order is made to set aside part of an agreement, the part is deemed to be severed from the remainder of the agreement.</tt></blockquote>
<blockquote><blockquote><tt>(b) the remainder of the agreement remains effective.</tt></blockquote></blockquote>
The legal test that the court must apply to set aside part of an agreement changes, depending depends on the subject nature of the part in questionchange requested. Most of the time, the court will be concerned that the agreement is in the best interests of the child.
==Changing orders about custody==
<blockquote><blockquote><tt>(b) each guardian acting separately or all guardians acting together.</tt></blockquote></blockquote>
Orders about guardianship and parental responsibilities can be varied by another order. Agreements about parental responsibilities can be changed if the parties make another orderdecide to amend the agreement, or, if they can't agree, the court may set aside the agreement and replace it with an order about parental responsibilities.
===Guardianship===
<blockquote><tt>... a court on application by a party may change, suspend or terminate an order, if there has been a change in circumstances since the order was made.</tt></blockquote>
In other words, to vary an order appointing a person as guardian, the applicant will have to show that there has been a change in circumstances and explain why it is in the best interests of the child to remove that the person be removed as guardian.
===Parental responsibilities===
<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 further specifying provide specific terms setting out the terms of accessparenting arrangements.
===Reducing time with a child===
*the party's time with the child is proving harmful to the child's mental or physical health and welfare.
Where there are allegations involving mental health issues, parenting capacity, or the children's wishes, it is often essential to have a psychologist or psychiatrist provide a report or an evaluation or a assessment of the needs of the child assessment that supports , the allegations. Needs views of the child assessments , and views the ability of each of the child reports 's caregivers to meet the child's needs. The types of assessments that are available to parties to a family law case in British Columbia are discussed in more detail in the first section in the [[Children]] chapter, under the heading "[[Children in Family Law Matters#Reports and assessments|reports and assessments]]".
===Increasing time with a child===