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Divorce Act Basics

2 bytes added, 18:37, 30 April 2021
How are parenting orders and contact orders changed?
Under section 17(1)(b) of the ''[[Divorce Act]]'', a spouse or another person can apply to change, or ''vary'', a parenting order, but someone who isn't a spouse has to get permission from the court first. Under section 17(1)(c), applications to change a contact order can be made by "a person to whom the order relates," usually themselves or a spouse.
The legal test that must be met before the court changes a parenting order or contact order is at section 17(5) and 17(5.1):
<blockquote><tt>(5) Before the court makes a variation order in respect of a parenting order or contact order, the court shall satisfy itself that there has been a change in the circumstances of the child since the making of the order or the last variation order made in respect of the order, or of an order made under subsection 16.5(9).</tt></blockquote>
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