8,081
edits
Changes
→A few preliminary comments
Section 216(3) allows the court to change, suspend or terminate an interim order if:
<blockquote><tt>(a) a change in circumstances has occurred since the interim order was made; or</tt></blockquote>
<blockquote><tt>(b) evidence of a substantial nature that was not available at the time the interim order was made has become available.</tt></blockquote>
When faced with an application to change, suspend or vary an interim order, section 216(4) requires the court to consider all of the following factors:
<blockquote><tt>(a) the change in circumstances or the evidence, or both;</tt></blockquote>
<blockquote><tt>(b) the length of time that has passed since the interim order was made;</tt></blockquote>
<blockquote><tt>(c) whether the interim order was made for the purpose of having a temporary arrangement in place, with the intention that the arrangement</tt></blockquote><blockquote><blockquote><tt>(i) would not adversely affect the position of either party during negotiations, during family dispute resolution or at trial, and</tt></blockquote></blockquote><blockquote><blockquote><tt>(ii) would not necessarily reflect the final arrangement between the parties;</tt></blockquote></blockquote>
Due to the cost, time and stress of going to court, it is often not worthwhile to spend your time, energy and money going to court to try to change an interim order. It is often best to just get an early trial date and keep trying to settle the matter.