1. When Can Orders Be Changed?
Family court orders are not permanent. Life circumstances change, and the law recognizes that orders may need to be modified over time. However, you can't simply change an order because you're unhappy with it—you need a legitimate reason.
Key Principle
Orders can be varied when there's been a material change in circumstances since the order was made. This ensures stability while allowing flexibility when genuinely needed.
2. Material Change in Circumstances
A material change must be:
- Significant: Not minor or trivial
- Unforeseen: Not anticipated when the order was made
- Ongoing: Not temporary or short-term
- Relevant: Related to the matter being varied
Examples of Material Change
- Major income change (job loss, promotion)
- Relocation of a parent
- New safety concerns
- Child's changing needs
- Remarriage/new relationship
- Health issues
Usually NOT Material Change
- Minor disagreements
- Temporary circumstances
- Things known at original hearing
- Dissatisfaction with the order
- Normal child development
3. The Variation Process
To vary a court order:
- Prepare and file a variation application
- Serve the other party
- Exchange relevant documents and evidence
- Attend case conference (often required)
- Attempt mediation if appropriate
- Attend hearing if matter isn't resolved
4. Consent Variations
If both parties agree to changes, the process is much simpler:
Options for Agreed Changes
- Consent Order: Both parties sign agreement and file with court for judge approval
- Amending Agreement: Written contract amending the original separation agreement
- Desk Application: Submit agreed changes to court without a hearing
5. Types of Orders That Can Be Varied
- Parenting orders: Custody, access, parenting time
- Child support: Amount, duration, Section 7 expenses
- Spousal support: Amount, duration, termination
- Decision-making: Who makes major decisions for children
Note: Property division orders generally cannot be varied after they're made, except in limited circumstances like fraud or significant assets not disclosed.
6. Frequently Asked Questions
A material change is a significant change that was not anticipated when the original order was made, and if known, would likely have resulted in a different order. Examples include major income changes, relocation, new safety concerns, or significant changes in the child's needs.
To change a custody order, you must file a variation application with the Court of King's Bench. You need to demonstrate a material change in circumstances that justifies modifying the existing order. The court will consider the best interests of the child.
Yes, if both parties agree, you can formalize changes through a consent order (filed with the court) or a written separation agreement. However, informal verbal agreements are not enforceable and it's recommended to have changes properly documented.