How to Change a Parenting Order in British Columbia

Parenting time or decision-making that worked when an order was made may not work now. A job may have changed, a child may have different needs, or a parent may have moved. You may be wondering whether you can ask the court to change the order, and how.

In British Columbia, the answer depends on which law your order was made under and on what has changed for your child. This article explains the usual test, what the court looks at, and the steps people commonly take.

This article covers the law of British Columbia.

The basic test under the Family Law Act

On application, a court may change, suspend or terminate an order about 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. That change can happen because of a change in another person's circumstances.

In other words, being unhappy with the order is not enough. The focus is on the child, not on what is more convenient for a parent.

What the court looks at: the child's best interests

Agreements and orders about guardianship, parenting arrangements and contact must be made in the best interests of the child only. The court considers all of the child's needs and circumstances, including health, the child's views, relationships, care history, stability and family violence.

An arrangement 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 court may consider a person's conduct only if it substantially affects one of the factors about the child's needs and circumstances that the court considers. Where family violence is raised, the court assesses things like how serious and recent it was, coercive and controlling behaviour, and the steps taken to prevent it happening again.

Special cases

• Divorce Act orders: if the order was made under the federal Divorce Act, it is varied under section 17 of that Act, not the Family Law Act. The court must find a change in the circumstances of the child, and it cannot consider conduct that could not have been considered when the original order was made.
• Terminal illness: under the Divorce Act, a former spouse's terminal illness or critical condition counts as a change in the child's circumstances, and the court must then vary the allocation of parenting time.
• Who can apply: under the Divorce Act, a non-spouse parent, a person standing in the place of a parent, or a person intending to do so may apply. A person who is not a spouse needs the court's leave if the order does not relate to them.
• Contact orders: contact orders for non-guardians, such as grandparents, are changed under section 60, which uses the same test.
• Relocation: a prohibition on relocation is not, by itself, a change in circumstances for the purposes of section 47. Relocation is decided under section 69.

Changing the order by agreement

If you and the other parent agree on a change, a written agreement is one way to record it, but a court order is itself changed by the court on application. A new agreement that changes an earlier agreement revokes each changed part of the earlier agreement, and the unchanged remainder stays effective. A written agreement can also be incorporated into an order by the court.

Even then, parenting agreements are valid only to the extent they serve the child's best interests. A lawyer can help you word an agreement so it reflects what you both intend.

How to start 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 the schedule for the order type, such as Schedule 2 for parenting. A copy of the order or agreement is attached. The Supreme Court has its own procedure under its Family Rules, so confirm which court made your order and which forms apply.

• Find your order and check which court made it and under which Act.
• Write down what has changed for your child since the order was made.
• Gather supporting documents, such as school, medical or work records.
• Consider whether the other parent might agree to a written change.
• Speak with a lawyer before filing, especially if family violence or relocation is involved.

Frequently asked questions