- A court can change an order only on the legal test that applies, such as a change in the child's needs or circumstances for parenting orders.
- The court can change interim orders on proof of a change in circumstances or new substantial evidence.
- If a parent is wrongfully denied parenting time, an application generally must be made within 12 months after the denial.
Sometimes a family order stops working in a hurry. A child may be at risk, the other parent may be withholding the child, or someone may be planning to leave the province. When that happens, waiting for a regular court date can feel impossible.
This article explains in general terms what the British Columbia Family Law Act allows when you need the court to act on an existing order, and what to gather first. How urgently a court will hear your matter depends on the facts and the court, so speak with a lawyer quickly if you are in this position.
This article covers the law of British Columbia.
The legal test does not disappear because it is urgent
A court may change, suspend or terminate a parenting order only if satisfied there has been a change in the needs or circumstances of the child since the order was made. More generally, s. 215 allows a court to change, suspend or terminate an order if there has been a change in circumstances, and s. 216 allows interim orders, which can be changed on proof of a change in circumstances or new substantial evidence.
Whatever the order says, it must serve the child's best interests only. An arrangement is not in the child's best interests unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety, security and well-being. Where family violence is raised, s. 38 lists what the court looks at, including seriousness, recency, frequency, coercive and controlling behaviour and harm to the child.
Common emergency situations and the tools that fit
| Situation | Possible tool |
|---|---|
| Child is wrongfully kept from you | Application under s. 61 within 12 months of the denial |
| Risk the child will be taken out of BC | Order for security, surrender of travel documents or no removal from an area |
| Other parent ignores a conduct order | Further order, adverse inference, expenses or fine of up to $5,000 |
| Safety concerns tied to contact between parents | Restriction on communications |
| Disclosure is false or incomplete | Adverse inference, security, expenses or fine of up to $5,000 |
If a person repeatedly fails to exercise their parenting time or contact, the court may order remedies including dispute resolution, counselling, expense reimbursement, and security or reporting requirements.
If your parenting time has been denied
A person entitled to parenting time or contact under an agreement or order who is wrongfully denied it may apply within 12 months after the denial. The court may order compensatory time, reimbursement of expenses, supervision, or a payment of up to $5,000 or a fine of up to $5,000.
A denial is not wrongful in some situations. These include where the guardian reasonably believed the child might suffer family violence, the applicant was impaired, the child was ill with supporting medical documentation, the applicant repeatedly failed to exercise time without notice in the previous 12 months, or the applicant cancelled without later notice. The court may also find other sufficient justification.
For enforcement, it is not necessary to prove the person was served with the order. In more serious cases where no other order will secure compliance, the court may order imprisonment of up to 30 days after giving the person a reasonable chance to explain, and the Act also allows police apprehension of a child in cases of wrongful denial of parenting time or withholding.
Different laws, different routes
If your parenting order was made under the federal Divorce Act, it is varied under Divorce Act s. 17, which requires a change in the circumstances of the child. Contempt in the Supreme Court is dealt with under Supreme Court Family Rules Rule 21-7, and a government consultation paper describes contempt as generally a measure of last resort, with the Family Law Act tools sufficing in most cases.
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, and a copy of the order or agreement is attached. How a court prioritizes an urgent matter, and the forms in Supreme Court, depend on the court and should be confirmed with a lawyer.
What to do next
- Get a copy of the order or agreement you are asking to change.
- Write a dated timeline of what happened, including missed handovers, messages and any safety concerns.
- Save texts, emails and any medical or school records that support your account.
- If anyone is in immediate danger, call emergency services first.
- Note the date of any denial of parenting time, because a s. 61 application has a 12-month window.
- Speak with a lawyer promptly about which court and application fit your situation.
Frequently asked questions
Can I change a parenting order quickly just because I am worried?
The court must be satisfied there has been a change in the needs or circumstances of the child since the order was made. Concern alone is not the test, so evidence matters. A lawyer can help you present it.
How long do I have to apply if my parenting time was denied?
A person wrongfully denied parenting time or contact may apply within 12 months after the denial. Acting sooner is generally better, because delay can make a case harder to prove.
Can the other parent be punished for ignoring an order?
The court has a range of tools, including further orders, expenses or a fine of up to $5,000. In more serious cases it may order imprisonment of up to 30 days, but only if no other order will secure compliance.
Do I need to prove the other parent was served with the order?
For enforcement under the Family Law Act, it is not necessary to prove the person was served with the order. In Supreme Court contempt, a court may find contempt even if the order was not served where the person had actual notice of its terms.
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
- BC Supreme Court Civil Rules of Contempt consultation (gov.bc.ca) — www2.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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