- To change, suspend or end a parenting order in British Columbia, a court must be satisfied the child's needs or circumstances have changed since the order was made.
- Once that threshold is met, the court decides what to do based only on the child's best interests.
- Contact orders, relocation and orders made under the federal Divorce Act follow different rules.
A parenting order that worked two years ago may not fit your child's life today. A child may have changed schools, developed new needs, or one parent's situation may have shifted. Many parents wonder whether that is enough to go back to court.
In British Columbia, you cannot simply ask a court to reconsider an order because you would like a different result. There is a threshold to meet first. This article explains what it is, what the court looks at once you meet it, and where the rules differ.
This article covers the law of British Columbia.
The basic test under the Family Law Act
Under section 47 of the Family Law Act, a court may, on application, change, suspend or terminate an order respecting parenting arrangements. It can do so only if it is satisfied there has been a change in the needs or circumstances of the child since the order was made.
The focus is on the child. The change can still come from an adult: the Act says the change in the child's needs or circumstances can arise because of a change in another person's circumstances. A parent's move, new work schedule or changed health may therefore matter, but the question is how it affects the child.
What the court weighs once the threshold is met
Meeting the threshold does not mean the order will change. The court then decides in the best interests of the child only. It considers all of the child's needs and circumstances, including health, the child's views, relationships, care history, stability and family violence.
- Safety comes first: an order is not in a child's best interests unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety, security and well-being.
- A person's conduct can be considered only if it substantially affects one of the best-interests factors.
- Where family violence is raised, the court looks at its nature and seriousness, how recent and frequent it was, coercive and controlling behaviour, harm to the child, and steps taken to prevent it happening again.
Exceptions and special cases
Not every parenting-related order is changed the same way. The table below shows the main differences.
| Situation | Rule |
|---|---|
| Contact orders (for example, for a grandparent who is not a guardian) | Changed under section 60, which uses the same test: a change in the needs or circumstances of the child |
| Relocation | A prohibition on relocation is not, by itself, a change in circumstances under section 47. Relocation is decided under section 69, using the best-interests factors plus relocation factors |
| Order made under the federal Divorce Act | Varied under Divorce Act section 17, not the Family Law Act |
If your order was made under the Divorce Act
If you were married and your parenting order was made under the Divorce Act, the court must find a change in the circumstances of the child before varying a parenting or contact order. It cannot consider conduct that could not have been considered when the original order was made.
- If a former spouse has a terminal illness or is in critical condition, that counts as a change in the child's circumstances, and the court must then vary the allocation of parenting time.
- A non-spouse parent, a person standing in the place of a parent, or a person intending to do so may apply to vary a parenting order.
- A person who is not a spouse needs the court's leave if the order does not relate to them.
Which law your order was made under is not always obvious from the paperwork, so check the order itself or ask a lawyer.
How to apply and what to do next
In Provincial Court, an application to change or cancel an order under the Family Law Act is made on Form 3, Application About a Family Law Matter, with Schedule 2 for parenting. A copy of the order or agreement is attached. How to apply in the Supreme Court depends on your situation, so it is worth confirming the right process for your court with a lawyer.
If your existing order is an interim order, it can be changed on proof of a change in circumstances or on new substantial evidence.
- Find your order and confirm the date it was made and which court and statute it came under.
- Write down what has changed for your child since then, and when.
- Gather records that support the change, such as school, medical or schedule information.
- Consider whether family dispute resolution or a new written agreement could resolve it without court.
- Speak with a lawyer before filing, especially if safety, relocation or the Divorce Act is involved.
Frequently asked questions
Is a parent's own change in circumstances enough to vary a parenting order?
Not by itself. The test is a change in the needs or circumstances of the child, although that change can result from a change in another person's circumstances. You need to show how the change affects the child.
Does a ban on relocating count as a change in circumstances?
No. A prohibition on relocation is not, by itself, a change in circumstances for the purposes of section 47. Relocation questions are decided under section 69.
Can a grandparent ask to change a contact order?
Contact orders for non-guardians are changed under section 60, which uses the same test as section 47: a change in the needs or circumstances of the child. The court still decides based on the child's best interests.
Can the court look at a parent's past behaviour?
Under the Family Law Act, the court may consider a person's conduct only if it substantially affects one of the best-interests factors. Under the Divorce Act, it cannot consider conduct that could not have been considered when the original order was made.
Sources
- Family Law Act, SBC 2011 c 25, Part 4 (BC Laws) — bclaws.gov.bc.ca
- Divorce Act, s. 17 (Justice Laws) — Justice Laws (federal)
- Provincial Court Form 3, Application About a Family Law Matter (gov.bc.ca) — www2.gov.bc.ca
- Family Law Act, Part 10 (BC Laws) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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