Introduction
About this guide
This step-by-step guide is for people who:
- want to change an order that was originally made in the Supreme Court of British Columbia, and
- can't agree with the other person about how to change a parenting or support order.
This guide includes:
- information about and step-by-step instructions on changing a Supreme Court family order,
- instructions about which forms to use and what to do with them,
- blank forms with instructions for filling them out, and
- information about what happens when you go to court, and how to represent yourself if you don't have a lawyer.
The process of applying to change an order is quite complex. Read through all of the instructions before you begin so you understand the information 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 in court. Once you're familiar with the instructions, fill out the forms you need.
Staying out of court
If you and the other person can agree about how to change your parenting and/or child or spousal support order, you won't have to go to court or ask a judge or master to make these decisions for you.
If you can agree, you can ask the court for a consent order. For more information about agreements, see:
- Making an agreement after you separate
- Who can help you reach an agreement?
- Change a family order in Supreme Court if you both agree
When can you ask for a change to a court order?
Only a fully informed lawyer can give you an accurate opinion about whether a judge might change your order, but here are some guidelines.
A judge won't change a family order just because you ask. There are specific tests in the Family Law Act and the Divorce Act, but generally, a judge won't change an order unless you can prove that there's been a significant change in circumstances, and that changing the order is:
- in the best interests of the children,
- necessary because the amount of child support is significantly different from the child support guidelines, or
- necessary because the amount of spousal support or entitlement to spousal support is significantly affected.
For more information about when a judge will change an order, see When can you change a final order?
For more information about the issues involved in your order, see:
The child support guidelines give a pretty clear picture of how much child support you should be paying or receiving. The Spousal Support Advisory Guidelines give an idea of the range of reasonable spousal support.
Consider a Judicial Case Conference
A Judicial Case Conference (JCC) is a confidential meeting with a judge or master and the other person before a court application is made. It provides a good opportunity to see if you can resolve your case without going to court or, if you do end up going to court, to understand what you need to do to prepare for the court hearing. You must attend a JCC before you can file an application for most contested orders (if you can't agree). However, a JCC is optional when you're applying to change a final order.
Where do you go?
You'll be making your application to a judge in Supreme Court Chambers. See What happens in a Supreme Court Chambers hearing? for more information about what to expect in Chambers. See Rule 10-6 of the Supreme Court Family Rules for more information on how applications such as these are made.
What if you don't succeed?
If your application isn't successful, costs might be awarded against you. This means you'll have to pay some of the other person's court costs and legal expenses, as well as your own.