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BC Supreme Court · Parenting

Changing a parenting order in BC Supreme Court

A final parenting order can be changed, but the court does not simply restart the original case. The Family Law Act sets a threshold tied to changed needs or circumstances.

The statutory threshold comes first. Section 47 allows a parenting-arrangement order to be changed, suspended or terminated if there has been a change in the needs or circumstances of the child, including a change in another person’s circumstances.

What must have changed

Identify the change in the child’s needs or circumstances that happened after the existing order. Section 47 uses that statutory threshold, including a change caused by another person’s circumstances; the application should not simply reargue evidence that was already available.

Best interests still govern

If the threshold is met, the court’s parenting decision continues to be governed by the child’s best interests under the Family Law Act.

Supreme Court application route

Where the existing order is a Supreme Court final order, the current Rule 10-6 procedure for applications to change a final order includes special service and response timing. Use the current rules rather than older file-first instructions.

Evidence to prepare

Common evidence includes the existing order, parenting history since the order, school or care information where relevant, and a focused affidavit explaining what changed.

Cost planning

A narrow variation request is usually easier to budget than a broad attempt to relitigate every parenting dispute. Define the exact clauses you want changed and why.

See government sources