Changing an agreement or court order Flashcards
When can you change an order?
If things change in your life, you can apply to change an order any time after it’s made, also called varying an order
If you agree, you can apply for a ?
consent order, that means you don’t need to go to court. see family law’s step bystep guide
If you don’t agree- who can help you?
mediators or for example an FJC can help you both talk about the things you’re unhappy about, with help you and your spouse might come to an agreement. If you tried but still can’t agree, you can apply to the court to change the order
How do you change an order?
Usually you have to apply to the court that made the original order
How do you change an agreement?
Agreements often have a clause, about future changes. if you make changes often you have to follow any requirements (special instructions) set out in the agreement. If there weren’t any special instructions you can follow these steps:; see legal aid site about changing agreements for some tips on https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements/how-do-you-change-agreement#:~:text=Get%20or%20create%20your%20original,your%20names%20and%20the%20date.
Do you need to file the new agreement with the court?
If your original agreement was filed with either the PC or SC, file your new agreement with the same court. If your original agreement was not filed in court, you don’t have to file your new agreement with it. But if you want to ENFORCE an agreement or apply to court to set it aside (cancel it), it must have been filed with the court first.