Best Family Law Attorneys in Surrey, BC

Varying a Final Order In family law, a final order is a court decision that resolves the issues in a family law case. Final orders can deal with matters such as child custody and access, child support, spousal support, and property division. However, circumstances can change after a final order has been made, and it may be necessary to vary or change the order to reflect those changes. In British Columbia, a party can apply to vary a final order by filing an application with the court. The application must include the specific changes sought and the reasons why those changes are necessary. The party must also provide evidence to support their application. Case law provides guidance on when and how final orders can be varied. In the case of Gordon v. Goertz, 1996 CanLII 191 (SCC), the reasons of the majority provide the parent applying for a change in the order must first meet the threshold requirement of demonstrating a material change in the circumstances affecting the child. For that threshold to be met, the judge must be satisfied of: 1) a change in the condition, means, needs, or circumstances of the child or in the ability of the parents to meet the needs of the child; 2) which materially affects the child; and 3) which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order. It is also important to note that the party seeking to vary the order must establish that the proposed variation is in the best interest...