The legal test that the court must apply to set aside part of an agreement changes depending on the subject subjects covered by that partthose parts.

The ''Family Law Act'' does not doesn't provide a specific test to vary change an agreement appointing a parent as the guardian of a child. Section 214(3Only parents can be appointed as guardians by agreement. Other people who want to become a guardian of a child have to apply for a court order appointment them as a guardian.) doesHowever, howeverif a problem about a guardianship agreement comes up, anticipate that you could ask for an agreement and a later court order might that "provide provides differently for the same subject matter"under section 214(3), in which case the court order replaces the guardianship agreement for that particular subject.

Under section 37(1)of the act, when the court is making an order must make decisions about guardianship, it must do so considering only the best interests of the child. The factors the court must think about to decide what is in the best interests of a child are listed at section 37(2) of the act and, when family violence is a factor, also at section 38as well.