A parenting order in BC is not permanent. If your circumstances have changed significantly since the original order was made, you can apply to vary it — but you need to meet a legal threshold first. Here is how the process works.
How do you change a custody order in BC?
I advise parents on changing parenting orders. Here is what you must show the court first and how the process works.
Parenting orders made under BC's Family Law Act (FLA) or the federal Divorce Act can be changed — but not simply because one parent has changed their mind or believes a different arrangement would be better. BC courts require you to establish a material change in circumstances before they will consider varying a parenting order.
What Is a Material Change in Circumstances?
A material change is something significant that has happened since the original order was made — something that, had the court known about it at the time, might have led to a different outcome. Common examples in BC include:
- A parent is relocating to another city, province, or country
- A parent's work schedule has changed significantly
- A child's needs have changed (health, educational, therapeutic)
- One parent's ability to provide care has changed (illness, addiction, new partner)
- The child is older and has expressed a clear, reasoned preference
- Evidence of family violence, abuse, or neglect that was not known at the time of the original order
- Persistent breach of the current parenting order by one parent
The bar is intentional: frequent variation applications destabilize children's lives. Courts will dismiss applications that do not meet the threshold at an early stage.
Which Court Do You Apply To?
You apply to vary your order in the same court that made it:
- Provincial Court (Family): Most parenting orders made in Provincial Court are varied there. The process is generally faster and less expensive.
- BC Supreme Court: Orders made in Supreme Court (including consent orders and orders made as part of a divorce) are varied in Supreme Court.
- Divorce Act orders: If your parenting order was made under the Divorce Act (i.e., you were legally married and obtained a divorce), you apply to vary under section 17 of the Divorce Act — and the material change threshold still applies.
The Variation Process
Step 1 — File a Notice of Family Claim (Variation)
In Supreme Court, you file a Notice of Family Claim indicating you are seeking a variation of an existing order. In Provincial Court, you file an Application to Change Order.
Step 2 — Serve the Other Parent
The other parent must be personally served with your application. They then have 30 days to respond.
Step 3 — Case Conference
In most BC courts, a Family Case Conference is required before any contested hearing. This is an informal meeting with a judge (or judicial officer) where both parties explain their positions. Many variation applications settle at this stage.
Step 4 — Financial Disclosure (if support is involved)
If you are also varying child support, both parents must exchange current Financial Statements (Form F8) showing income, expenses, and assets.
Step 5 — Hearing
If the matter does not settle, a hearing is scheduled. Both parents present evidence; the judge decides based on the best interests of the child (not the interests or preferences of either parent).
Consent Orders: The Faster Route
If both parents agree on the change, you can file a consent order without a hearing. A lawyer drafts the new terms, both parents sign, and the court endorses it. This is faster, less expensive, and avoids the stress of contested proceedings — but each parent should obtain independent legal advice before signing.
Emergency (Without Notice) Applications
If a child is at immediate risk — for example, a parent has taken a child and is refusing to return them — you can apply for an emergency order without notice to the other parent. Emergency orders are temporary and will be reviewed at a return date, typically within days. You must file evidence showing the urgency.
What About Agreements? Can I Change a Written Separation Agreement?
A written separation agreement about parenting (as opposed to a court order) can be changed by:
1. Both parents agreeing in writing to a new arrangement
2. Either parent applying to court for an order — the court has jurisdiction to make a parenting order that supersedes the agreement if the agreement is not in the child's best interests
Key Things to Know
- The variation application is about the child's best interests at the time of the hearing — not who was right or wrong in the past
- Courts do not penalize parents for bringing good-faith applications — even if the application is ultimately dismissed
- The more specific your evidence of change, the stronger your application
- Legal advice before filing saves time and money — many applications fail because the material change threshold is not met
Sea to Sky Law Can Help
Andrew Liggett BA JD CD has helped BC parents vary parenting orders for over 35 years — from straightforward consent variations to complex contested applications involving relocation, family violence, and parental alienation. We can assess whether your circumstances meet the threshold and guide you through the most efficient process for your situation.
You apply to the court that made the original order — either BC Supreme Court or Provincial Court — and file a variation application. You must show a material change in circumstances since the order was made before the court will consider changing it.
A significant change that was not anticipated when the original order was made — such as a parent relocating, a change in the child's needs, a change in a parent's ability to provide care, or a child maturing and expressing a reasoned preference.
Yes. If both parents agree, you can file a consent order without a hearing. A lawyer drafts the new terms, both parents sign, and the court endorses it. This is faster and less expensive than a contested application.
A consent variation can be completed in a few weeks. A contested variation application typically takes 6–18 months through BC courts, depending on the complexity and the court's availability.
A parenting order can be changed when there has been a significant change in circumstances since the order was made, and when the change would better serve the child's best interests. Changes might include a move, a shift in work schedules, safety concerns, or a child's changing needs.
Parents can often agree on a change together and make it formal through a consent order. If agreement is not possible, one parent can apply to the court, and the court will review the evidence before deciding.
Keeping a record of what has changed, how the child is affected, and what you are proposing makes the process clearer. Our team can walk you through the steps during a phone or secure video consultation.