Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"

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Changing Family Law Orders and Agreements Involving Children (view source)

Revision as of 23:31, 20 July 2017

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(Included reference to Williamson v. Williamson 2016 BCCA re: variation parenting time under the FLA)
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Whenever the court is asked to make an order about guardianship, parenting arrangements, and contact, s. 37(1) requires the court to consider only the best interests of the child. The factors to be taken into <span class="noglossary">account</span> in considering the best interests of the child are set out at s. 37(2).
Whenever the court is asked to make an order about guardianship, parenting arrangements, and contact, s. 37(1) requires the court to consider only the best interests of the child. The factors to be taken into <span class="noglossary">account</span> in considering the best interests of the child are set out at s. 37(2).


In  [https://www.canlii.org/en/bc/bcca/doc/2016/2016bcca87/2016bcca87.html ''Williamson v. Williamson''] the Court of Appeal confirmed that the test that applies to applications for variations in parenting time arrangements under the ''Family Law Act'' is the same test that applies to the variation of custody arrangements under the ''Divorce Act''. That test is the “material change in circumstances” test, which is as follows:
In  [http://canlii.ca/t/gnftl ''Williamson v. Williamson''], 2016 BCCA 87 the Court of Appeal confirmed the test to apply in an application to vary parenting time arrangements under the ''Family Law Act'' is the same test that applies to the variation of custody arrangements under the ''Divorce Act''. Under this test, a ''material change in circumstances'' is:


# a change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child;  
# a change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child,  
# which materially affects the child; and   
# which materially affects the child, and   
# which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.
# which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.


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