How do I change or vary a family court order in British Columbia?
This answer covers the law of British Columbia.
You change a family court order by making an application, and what you must show depends on whether the order is about parenting, child support or spousal support. In the Provincial Court, an application can ask to change or cancel all or part of an existing final order, and you must file a copy of that order or written agreement with it.
The test depends on the order. A parenting order can be changed, suspended or ended if the child's needs or circumstances have changed since it was made, including because of a change in another person's circumstances. Child support can be changed, suspended or ended, going forward or back in time, if a change in circumstances as set out in the child support guidelines has occurred. Spousal support requires a change in the condition, means, needs or other circumstances of either spouse.
The steps differ by court. In the Provincial Court, outside early resolution registries, you start by filing and serving an Application about a Family Law Matter in Form 3. In the Supreme Court, you generally cannot serve a notice of application until a judicial case conference has been held. A lawyer can confirm which forms fit your situation.
Key takeaways
- A parenting order can be changed, suspended or terminated if the child's needs or circumstances have changed since it was made.
- Child support needs a change in circumstances as provided for in the child support guidelines, and spousal support needs a change in either spouse's condition, means, needs or circumstances.
- A Provincial Court application to change a final order must include a copy of the existing order or written agreement.
- In the Supreme Court, a notice of application generally cannot be served until a judicial case conference has been held.