Introduction
About this guide
This step-by-step guide is for people who want to change a family order in the Supreme Court of British Columbia and agree on what the order should say. This includes any parenting orders (for guardianship, parenting time, contact, custody, or access) or orders for child or spousal support (including cancelling or reducing arrears).
When you both agree to the order, it's also called a consent order.
You can use this guide to change a family order if:
- there's an existing order made by the Supreme Court of British Columbia;
- both people named in the order agree to the change; or
- in the case of an order for child support, the change is to an amount permitted by the child support guidelines.
You may not have to go to court
If you and the other person agree on how you want to change your existing familyorder or about cancelling support arrears, then you may not have to go to court. Often both people can agree on what a new order will say, especially for child support. This is partly because the child support guidelines set out quite clearly what amount of support must be paid.
The procedure for changing a family order when you agree is easier, less expensive, and less stressful than preparing for a hearing if you don't agree. It usually doesn't require you go to court. However, consider getting legal advice about your specific situation before committing to a change in a family order.
This guide contains information about the documents you need to collect, the documents and forms you need to prepare, the time periods you have to work with, and what you can expect. Look through this guide and take it one step at a time. You don't have to do it all at once.
If the judge or master has questions about your application, you may be asked to appear in Chambers to answer questions.
What the law says about parenting, support, and property when you separate
For more information, see:
Get legal help
It's a good idea to get some legal help before you use this guide. If you can't afford a lawyer, you can get legal help in other ways, including:
- Lawyer Referral Service
- free (pro bono) legal clinics
- family duty counsel
- family advice lawyers
- family justice counsellors
Staff at Justice Access Centres in Abbotsford, Nanaimo, Surrey, Victoria, and Vancouver can also answer your questions and help you fill out forms.
For information about legal aid, see the Legal Aid BC website.