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→Introduction
==Introduction==
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 aside the agreement and making an a different order which requires different parenting arrangements than those specified in the agreementits 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 an order or agreement because something has changed for the children. The court will not vary an order or agreement simply just because one parent is annoyed with the other parent; something new must have happened that affects the child's best interests since the last order was made, or the court will leave the old arrangements alone. A parent who wishes to bring an application to vary an order or agreement must remember that variation applications are always about the children, not the parent.
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 Relations Law Act'', and, if under the ''Family Relations Law Act'', whether the order was made by the Supreme Court or the Provincial (Family) Court. The Almost the same general considerations that apply to varying an order orders apply to changing a separation agreementsetting aside agreements.
===The Divorce Act===
Under s. 5 of the ''Divorce Act'', the British Columbia Supreme Court has the jurisdiction to vary an a ''Divorce Act '' order for custody or access made anywhere in Canada as long as the person making the application, the applicant''Applicant'', ordinarily lives in British Columbia when the application is made or if both spouses agree to have the matter application heard in British Columbiahere. If the child has deeper roots and greater social ties in the other province, the court is likely to transfer the matter to be heard there.
Section 17 of the act gives the court the authority to hear and decide variation applications. Under this section, the court may vary, cancel or suspend orders dealing with custody and access.Section 17 also sets out the test for the variation of custody and access orders, and the principle that it is in a child's best interests to have maximum contact with each parent. Section 17 says this:
===The ''Family Law Act''===
Section 24 of the act 47 sets out the test for the variation of custody, guardianship and access to vary orders. This section provides, in part, as followsabout 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> The test to vary orders about contact is at s. 60, and says exactly the same thing, just with the word "contact" in place of the phrase "parenting arrangements". The general test under the ''Family Law Act'' to vary orders is at s. 215(1) When makingand applies when there isn't a specific test required for a particular order the way ss. 47 and 60 are required for orders about parenting arrangements and contact. Since there's no specific to test to vary orders for guardianship, it's the general test that will apply: <blockquote><tt>Subject to this Act, a court on application by a party may change, varying suspend or rescinding terminate an order under this Part, if there has been a change in circumstances since the order was made.</tt></blockquote> Whenever the court is asked to make an order about guardianship, parenting arrangements and contact, s. 37(1) requires the court must give paramount consideration to consider only the best interests of the child and, . The factors to be taken into account in assessing those considering the best interestsof the child are set out at s. 37(2). Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements or contact with a child. The ''Family Law Act'' is too new to know how the court will handle questions like these. ====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 consider change, the court will set aside the parts of the agreement that are causing the following factors problem and give emphasis make an order in place of the parts set aside. Section 214 of the act says this: <blockquote><tt>(1) If an order is made to set aside part of an agreement, the part is deemed to each factor according be severed from the remainder of the agreement.</tt></blockquote><blockquote><tt>(2) A court may incorporate into an order all or part of a written agreement respecting a family law dispute made by the parties to the child's needs proceeding and circumstances:, unless the court orders otherwise,</tt></blockquote><blockquote><blockquote><tt>(a) the health and emotional well being order replaces that part of the child including any special needs for care agreement that is incorporated, and treatment;</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) if appropriate, the views remainder of the child;agreement remains effective.</tt></blockquote></blockquote><blockquote><tt>(c3) Unless the lovecourt orders otherwise, affection if an agreement and similar ties that exist between an order made after the child and other persons;(d) education and training agreement provide differently for the child;same subject matter,</tt></blockquote><blockquote><blockquote><tt>(ea) the capacity order replaces the part of each person to whom guardianshipthe agreement that provides differently for the same subject matter, custody or access rights and duties may be granted to exercise those rights and duties adequately.</tt></blockquote></blockquote><blockquote><blockquote><tt>(2b) If the guardianship remainder of the estate of a child is at issue, a agreement remains effective.</tt></blockquote></blockquote> The legal test that the court must consider as apply to set aside part of an additional factor agreement changes depending on the material well being subject of the childof the part in question.
==Changing Orders About Custody and Access==