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→Introduction
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. An agreement can also be changed by the court setting all or part of the agreement aside and making an order in its place.
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 a court 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 made before 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 a court 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 arbitration 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''===
====Setting aside agreements====
The court cannot ''vary '' or ''amend an agreement '' agreements under the ''Family Law Act''. However, the court cannot vary or amend a valid agreement. When when the court is convinced that parts of an agreement must changeare no longer in the best interests of the children, the court will ''set aside '' the parts of the agreement that are causing the problem and make an order in place of the parts of the agreement that were set aside. The act has different tests that must be met to set aside parts of an agreement depending on the subject of the parts someone wants to set aside; there are tests about agreements dealing with the division of property, the payment of child support and spousal support, and parenting after separation. Section 44 says this about agreements concerning parental responsibilities and parenting time:
<blockquote><tt>(4) On application by a party, the court must set aside or replace with an order made under this Division all or part of an agreement respecting parenting arrangements if satisfied that the agreement is not in the best interests of the child.</tt></blockquote>