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Changing parenting time and contact
==Changing parenting time and contact==
Orders People usually want to change orders, awards and agreements about parenting schedules are most commonly varied time and contact because: *one of the parties has been frustrating the schedule,*a party is constantly late or cancels visits frequently, *the child is older and is more able to spend more time with the visiting parent, *a party has moved and the old parenting schedule is no longer convenient, or*the child wishes to see the visiting party more or less often.
The case of ''[http://canlii.ca/t/1fr99 Gordon v. Goertz]'' also applies to changing access orders under *a child has grown older and more independent, and the existing schedule no longer meets the child''Divorce Act'': s needs,*one of the applicant must show that there parties has been frustrating the schedule, especially a serious change in circumstances schedule that affects is vague and gives one or more of the childparties the opportunity to interfere with another party's best interests before a court will even consider time with the application andchildren, once this hurdle *a party is crossedconstantly late or frequently cancels scheduled time with the children, the court will look at all of the circumstances before making *a decision about access as if party has moved and the matter was being heard existing schedule no longer works for the first parties or the children, or*a child, particularly an older child, has expressed a wish to spend less or more time, with no presumption in favour of how things used to bea parent.
Under sections 47 and 60 There are a number of the ''[[Family Law Act]]'', the court may vary an order for parenting time or contact if it is satisfied ways that: <blockquote><tt>... since the making of the order, there has been a change in the needs or circumstances of the childorders, including because of a change in the circumstances of another person.</tt></blockquote> Sections 44(4) awards and 58(4) allow the court to set aside an agreement agreements about parenting time or and contact if it is: <blockquote><tt>...satisfied that the agreement is not in the best interests of the child.</tt></blockquote> When considering applications like these, both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' require the court to consider the best interests of the child rather than the needs or interests of the parties. <span style="color:#D2691E">'''Important changes'''</span> <br />Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to can be married to each other, or as ''contact'' for other people. Judges also now have a long list of best-interests factors changed to take into consideration when making decisions about children, including when making decisions about changing orders about parenting after separation. The factors include things address situations like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violencethese.
===Vague parenting schedules===