Changing Parenting Orders in BC

Parenting Orders Are Not Set in Stone

Children grow. Jobs change. People move, remarry, and rebuild. A parenting order that fit a three-year-old can strain badly around a teenager's life. The law understands this. Both BC's Family Law Act and the federal Divorce Act allow parenting orders to be changed, but neither lets a parent reopen a case just because they dislike the result. There is a threshold to meet, and knowing it before you apply saves time, money and conflict.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey, practising family law only, in English and Punjabi. We help parents change a parenting order by consent where possible, apply to court where necessary, and respond when the other parent wants to change an order that is working. This page sits within our wider parenting services.

The Test Under BC's Family Law Act

Section 47 of the Family Law Act says the court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.

Read that carefully, because it shapes every application. The focus is the child. A parent's new job, new home or new partner matters legally through its effect on the child's needs and circumstances, not on its own. The same threshold applies when someone asks to change a contact order (s. 60). And the Act names one thing that does not count: an order prohibiting a child's relocation is not, by itself, a change in the child's circumstances (s. 71).

Every change the court considers is measured against the best interests of the child, which is the only consideration in parenting matters.

Variation Under the Divorce Act

If your parenting order was made under the federal Divorce Act, the route is a variation application under section 17. Before varying a parenting order or contact order, the court must be satisfied there has been a change in the circumstances of the child since the order, or the last variation of it, was made (s. 17(5)).

The Act then answers a few questions itself. A former spouse's terminal illness or critical condition counts as a change in the child's circumstances, and the court is directed to vary the allocation of parenting time in that situation (s. 17(5.1)). A child's relocation is deemed to be a change in circumstances (s. 17(5.2)). A relocation the court has prohibited is not, by itself, a change (s. 17(5.3)). If a move is what is driving your application, start with our relocation post, because relocation has its own notice rules and deadlines.

What if You Have an Agreement Instead of an Order?

Many parents in British Columbia never get a court order. They sign an agreement about parental responsibilities and parenting time under section 44 of the Family Law Act. An agreement like that is binding only if made after separation, or when the parties are about to separate (s. 44(2)), and once filed in court it is enforceable as if it were a court order (s. 44(3)).

Changing it works differently than changing an order. Parents can replace it with a new agreement at any time by consent. If consent is not possible, a party can apply to court, and the court must set aside or replace all or part of the agreement if satisfied that it is not in the best interests of the child (s. 44(4)). Notice the wording: for agreements, the statute asks the best-interests question directly rather than requiring a change in circumstances first.

When Informal Changes Should Be Put in Writing

This is where many families get into trouble. The schedule drifts. One parent starts taking Wednesdays. Summer arrangements morph. Everyone is flexible until, one day, they are not. Here is the legal reality: the written order or filed agreement stays enforceable as written, even if both of you have quietly been doing something different for months. When cooperation breaks down, the written terms are the baseline, as our post on enforcing parenting time in BC explains.

Formalize a change when it is meant to last, when it moves the school-year schedule, holidays or exchanges, or when it shifts the amount of time the child spends with each parent, because child support can follow the schedule. A consent order or an updated agreement, often reached through mediation, protects both parents and gives the child a stable, predictable rhythm. If you are rebuilding the schedule from the ground up, our parenting plan guide walks through what a workable plan covers.

Frequently Asked Questions

What Counts as a Change in Circumstances?

Neither Act publishes a list. The Family Law Act asks for a change in the needs or circumstances of the child since the order was made, including because of a change in another person's circumstances (s. 47). In practice, parents commonly point to moves, new work schedules, a child's changing needs at a new age or stage, health developments, or a schedule that has repeatedly broken down. Whether any of these meets the threshold in your case depends on the evidence, which is exactly what we assess in a first consultation.

Do We Have to Go Back to Court to Change a Parenting Order?

Not necessarily. If both parents agree, the change can usually be recorded in a consent order without a contested hearing, and mediation is often the fastest road to that agreement. Court is for when agreement fails. If your file is in the BC Supreme Court, a Judicial Case Conference is typically an early stop where a judge can help narrow the issues, and our first court appearance guide explains what to expect.

Can We Just Ignore the Order if We Both Agree?

You can live a different schedule while things stay friendly, and many parents do. The risk is that the order remains the enforceable baseline. If the relationship sours, either parent can insist on the written terms, and months of informal practice can become a source of conflict instead of proof of cooperation. If a change is working and you both want to keep it, put it in writing.

Talk to a Surrey Family Lawyer About Changing an Order

Whether you need an order updated or defended, SiLaw Group can tell you in one conversation whether the threshold is arguable and what the practical path looks like. The first 30 minutes are free, in English or Punjabi, by phone, video or in person in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.