5,310
edits
Changes
→Introduction
Arbitrator's awards may be varied by an arbitrator if the arbitration agreement or the arbitration award says that the arbitrator will hear applications to vary the award. If the arbitration agreement or the arbitration award doesn't talk about changing awards, the court can make an order changing an arbitration award in the same way that it can make an order changing an order.
Parents usually want to vary an order, award or agreement because something new and important has happened that affects the best interests of the children. The court will not vary an order, award or agreement lightly. The person who wants to change an order, award or agreement must usually establish that there has been a ''material change in circumstances'' since the order, award or agreement was madebefore the court will even consider making an order that is different from the original order, award or agreement.
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 Law Act]]''. If the order was made under the ''Family Law Act'', the process will also depend on whether the order was made by the Supreme Court or the Provincial Court. Applications to change awards and agreements are made under the ''Family Law Act'', and the court will apply almost the same general considerations it applies varying orders to varying arbitration awards and setting aside agreements.
===Changing orders under the ''Divorce Act''===
Under section 5 of the ''[[Divorce Act]]'', the Supreme Court has the jurisdiction to vary a ''Divorce Act'' parenting order for custody or access contact order made anywhere in Canada , as long as the person making the application, (the ''applicant)'', ordinarily lives in British Columbia when the application is made or if both spouses have agreed agree to have the application heard herein British Columbia. However, if the child has deeper roots and greater social ties in the other province or territory, the court is likely to may decide <span class="noglossary">transfer</span> the matter application to be heard in the that other province or territoryunder section 6(2) of the act.
<blockquote><tt>(2.1) If the court makes a variation order in respect of a contact order, it may make an order varying the parenting order to take into account that variation order ...</tt></blockquote><blockquote><tt>(2.2) If the court makes a variation order in respect of a parenting order, it may make an order varying any contact order to take into account that variation order ...</tt></blockquote><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 ...</tt></blockquote><blockquote><tt>(5.1) For the purposes of subsection (5), a former spouse’s terminal illness or critical condition shall be considered a change in the circumstances of the child, and the court shall make a variation order in respect of a parenting order with regard to the allocation of parenting time. ...</tt></blockquote><blockquote><tt>(6) In making a variation order, the court shall not take into consideration any conduct that under this Act could not have been considered in making the order in respect of which the variation order is sought.</tt></blockquote> It is up to the applicant to first show that there has been a change in the "condition, means, needs or other circumstances of the child" under section 17(5) since the last order was made or the court won't change the original order.
<span style="color:#D2691E">'''Important changes'''</span> <br />