Motions to Change: Custody and Access Orders

Motions to Change: Custody and Access Orders

As with child and spousal support, in order to obtain an Order varying your current custody or access arrangement, you must prove that there has been a material change in circumstances.  In order to successfully obtain a variation order regarding custody or access, the change that occurred must be material, and must have also affected, or be likely to affect the best interests of the child. The change must also be one that was not foreseen at the time the initial order or variation was made. You cannot use a motion to change custody/access as an avenue to appeal the initial decision.

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Child Support: Support for Grandchildren

Child Support: Support for Grandchildren

Families of today are growing increasingly more complex, and grandparents are beginning to play a far more active role in the lives and upbringing of their grandchildren. This ever-changing legal landscape is evidenced by the recent changes to the Children’s Law Reform Act in 2016 that gave grandparents legal standing to apply for custody and access rights to their grandchildren.  While grandparents’ rights to apply for custody and access rights is firmly set in legislation, what is more uncertain is whether grandparents can be ordered to pay child support for their grandchildren. In this post we will discuss the legal grey area of grandparents and child support in light of a current case which could possibly be precedent-setting.

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Motions to Change: Spousal Support, Part 2

Motions to Change: Spousal Support, Part 2

In our previous post, we reviewed what you must prove on a Motion to Change spousal support.  In this post, we review some cases where judges considered requests to change spousal support. What do judges consider to be a change? When will they order a variation?  Reviewing past cases helps us understand how judges will apply the law.

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Motions to Change: Spousal Support

Motions to Change: Spousal Support

As with child support, in Order to successfully obtain an Order varying spousal support, you must satisfy the material change in circumstances test. You have to be able to show that there has been a material change in the condition, means, needs or other circumstances of either former spouse since the initial spousal support Order, or the last variation Order made in respect of the initial Order. This change must be “material” and not trivial or insignificant, and the onus is on the party seeking a variation to prove the change occurred.

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Motions to Change: Child Support

Motions to Change: Child Support

To vary a child support order, you must show that a material change of circumstances has occurred, as provided by the applicable Child Support Guidelines, that would have resulted in a different order had the circumstances been known at the time the original order was made.  What constitutes a “material change” differs on a case-by-case basis, and the courts will look to the specific facts of each unique case in making a determination.

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Court Procedure: Motions to Change

Court Procedure: Motions to Change

One or both of the parties' situations may change significantly after a court Order is made, and the terms may no longer reflect reality. When this happens, it will be necessary to bring a Motion to Change.  The procedure for Motions to Change is set out in Rule 15 of the Family Law Rules. In this post we will answer some frequently asked questions about this procedure.

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Child Support: Support for Step-Children, Part 2

Child Support: Support for Step-Children, Part 2

When determining whether to order a non-biological parent to pay child support, the courts will look to a number of factors relating to the person's intention, and the actual roles they have played in the child's life. This leading case in this regard is the Supreme Court of Canada case Chartier v. Chartier, which outlined what is commonly known as the "loco parentis" test.

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