Varying a Final Order: Is This Possible and What is The Process?

Life doesn’t stand still—and sometimes, neither can a court order. Whether it’s a job loss, a move, or a change in your child’s needs, circumstances can evolve significantly after a final order is made. In this blog, we explain when and how a final family law order in British Columbia can be varied, what qualifies as a “material change,” and how to navigate the legal process.

What Is a Final Order?

In family court, a final order is a court decision that resolves the issues in a case and is intended to be permanent. It sets out what parties must do or not do, such as custody, access, child support, spousal support, or property division. These orders are typically made after a trial or hearing, or when both parties agree to a final consent order.

What if My Circumstances Change? Can I Vary a Final Order?

While final consent orders are intended to be permanent, such matters are subject to changes in circumstance. Section 215 of the British Columbia Family Law Act is the cornerstone provision that governs when and how final orders can be changed. Subsection (1) makes it clear that a court may vary, suspend, or terminate an order if there has been a change in circumstances since the order was made. So if there is a material change affecting the current order, you may be able to vary it. However, it’s important to be aware of the limits to this authority.

Subsection (2) states that orders made under Part 5 [Property Division] and Part 6 [Pension Division] cannot be changed using Section 215. These types of orders can only be varied if the variation is specifically allowed under those respective parts of the Act. In other words, if you're hoping to change a property division or pension division order, Section 215 won't help you—you'll need to look at those specific sections of the legislation.

Subsections (3) and (4) expand the powers of the Provincial Court. They clarify that in some situations, the Provincial Court may change orders—including interim ones—made by certain decision-makers appointed under the Provincial Court Act, so long as those decision-makers fall into classes prescribed by the British Columbia Family Law Act. This includes decisions regarding parenting arrangements, contact, child support, and spousal support.

So, while the law does allow for flexibility in family law orders, it does so with some important constraints and procedural safeguards.

What is a Material Change in Circumstance?

To vary a final order under Section 215 of the British Columbia Family Law Act, the court must be satisfied that there has been a material change in circumstances. But what exactly qualifies?

A material change means a significant and continuing change that was not anticipated or foreseeable at the time the original order was made. The change must impact the basis upon which the original order was made.

Some common examples include:

-A parent or guardian loses their job or experiences a significant income change

-A child’s needs change due to health, education, or emotional development

-A parent or guardian relocates or wishes to relocate

-One parent or guardian is no longer able to meet the obligations set out in the original parenting plan

-A party remarries or cohabits, impacting spousal support needs

Courts will evaluate whether the change is substantial enough to justify revisiting the terms of the original order.

What is the Process for Initiating a Variation of a Final Order?

If you believe your situation meets the threshold for a material change in circumstances, the next step is to apply to the court for a variation. Here’s a basic outline of the process:

1. File a Notice of Application: This initiates the process. You'll need to outline the order you're seeking to change and provide a detailed explanation of the material change in circumstances.

2. Provide Supporting Evidence: This may include financial documents, medical records, school reports, or affidavits that support your claim.

3. Serve the Other Party: The other party must be notified and given the opportunity to respond.

4. Court Hearing: If the matter isn't resolved through negotiation or mediation, a judge will review the evidence and make a decision.

It’s also important to consider whether your matter should be brought before the Provincial Court or Supreme Court, depending on where the original order was made and the nature of the order you are seeking to vary.

How do Courts Decide Whether to Change, Suspend, or Terminate an Order?

The court’s priority is the best interests of the child, if children are involved. In financial matters, the court aims to achieve fairness and balance between the parties.

In parenting arrangements, for example, the court will not only assess whether a material change has occurred but will also evaluate whether the proposed variation is in the child's best interests, using the criteria in Section 37 of the British Columbia Family Law Act. Here are the relevant factors that may be considered:

(a) The child's health and emotional well-being;

(b) The child's views, unless it would be inappropriate to consider them;

(c) The nature and strength of the relationships between the child and significant persons in the child's life;

(d) The history of the child's care;

(e) The child's need for stability, given the child's age and stage of development;

(f) The ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise the person's responsibilities;

(g) The impact of any family violence on the child's safety, security or well-being, whether the family violence is directed toward the child or another family member;

(h) Whether the actions of a person responsible for family violence indicate that the person may be impaired in the person's ability to care for the child and meet the child's needs;

(i) The appropriateness of an arrangement that would require the child's guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;

(j) Any civil or criminal proceeding relevant to the child's safety, security or well-being.

For child and spousal support orders, the court may consider whether the change affects the payor’s ability to pay or the recipient’s need for support.

Get Legal Advice — We Are Here to Help!

While the law provides a mechanism for changing final orders, it's not automatic or guaranteed. Courts require clear, convincing evidence of a material change before they will reopen a matter. What’s more, procedural missteps can delay your application or cause it to fail entirely.

Whether you're seeking to increase child support, change a parenting schedule, or terminate spousal support, it’s always advisable to consult a family lawyer to review your specific circumstances and help you navigate the process correctly.

Navigating the family law system can be complicated and add stress to an already difficult time. If you would like to learn more, please contact our team of Vancouver family lawyers for a consultation.