To change a BC parenting order, you must show a material change in circumstances. Learn what qualifies, how to apply, and what courts look for.
Parenting arrangements that made sense at the time of separation do not always remain appropriate as children grow and families change. BC's Family Law Act and the Divorce Act both allow parenting orders to be varied — but only if you can meet a legal threshold designed to prevent constant relitigation. That threshold is called the "material change in circumstances."
Why the Threshold Exists
Courts impose the material change test to protect children from the disruption of constantly shifting arrangements and to discourage parents from returning to court every time they are dissatisfied with the current arrangement. The threshold ensures that parenting orders have some stability. If you simply disagree with the original arrangement or wish you had negotiated differently, that is not enough.
The Legal Test
Under section 47 of BC's Family Law Act, a court may change a parenting order if it is satisfied that there has been a change in the needs or circumstances of the child or of a parent. The Supreme Court of Canada articulated the standard in Gordon v. Goertz [1996]: the change must be a change in the circumstances that gave rise to the original order, it must be significant enough that the existing arrangement no longer reflects the best interests of the child, and it must not have been contemplated at the time the original order was made.
Under section 17 of the Divorce Act (for divorces), the test is similar: there must be a "change in condition, means, needs, or other circumstances" of a child of the marriage since the last order.
What Qualifies as a Material Change
Courts have accepted the following as material changes:
- A proposed relocation of a child or a parent to another city or province
- A significant change in a parent's work schedule that affects availability
- Evidence of abuse, neglect, or substance misuse that was not present when the original order was made
- A child's expressed wishes changing significantly as the child matures (particularly for teenagers)
- One parent's remarriage or new serious relationship that directly affects the child's wellbeing
- A child's medical, educational, or developmental needs that were not present or foreseeable at the time of the original order
- Repeated and documented breaches of the existing parenting order by the other parent
What Does Not Qualify
Courts have consistently rejected these as insufficient:
- General dissatisfaction with the order
- Minor schedule inconveniences or disagreements about logistics
- The child having a bad day or expressing temporary frustration with a parent
- A parent's new opinion about what would be best, without changed circumstances
- Allegations that have not changed since the original order
How to Apply
If you are applying under the Family Law Act (not the Divorce Act), you file a Notice of Application (Form F31) at the BC Supreme Court. You will also file a supporting affidavit setting out the material change in detail, your proposed new parenting arrangement, and why it serves the child's best interests.
For Divorce Act variation, you file a Notice of Application to Vary (Form F33). The process is similar.
Your application must also include a Certificate of Service once the other party has been served with your materials.
Urgent Applications
If the material change creates an immediate risk to the child's safety — for example, evidence of abuse or danger — you can bring an urgent without-notice (ex parte) application. If the court is satisfied that the urgency is genuine, it can make an interim order immediately. The other party then has an opportunity to respond.
Interim vs. Final Orders
Applications to vary are often heard in two stages: first, an interim application for temporary arrangements pending a full hearing, and then a final hearing on the merits. At the interim stage, courts are cautious about making major changes without full evidence. Document your position thoroughly at every stage.
The Child's Voice
Children's views are taken into account in proportion to their age and maturity under FLA s.37. In practice, a teenager who strongly expresses a preference to live primarily with one parent is a significant factor. Courts do not simply defer to a child's wishes — they assess whether the preference is genuine and consistent with the child's best interests — but a mature child's consistent, reasoned preference carries real weight.
The Role of Section 211 Reports
Where circumstances are disputed, a judge may order a section 211 report. The assessor will evaluate both parents and make recommendations. If you are applying to vary and the other parent disputes the material change, a section 211 report may be the most persuasive evidence available.
*This article is general information about BC family law. It is not legal advice. Contact Sea to Sky Law™ for advice specific to your situation.*
An interim (temporary) order can sometimes be obtained in weeks if urgent. A full variation hearing after both parties have filed evidence and the matter is set for trial can take 6–18 months in the BC Supreme Court. Some matters settle through negotiation or mediation much sooner.
Yes. A written agreement signed by both parents is enforceable and you do not need a court order to change arrangements if both parents consent. However, filing the agreement as a court order provides an additional layer of enforceability.
It is a significant factor but not automatically determinative. The court will consider the child's reasons, consistency, and maturity, and whether the expressed preference reflects a genuine best-interests analysis or is the product of parental influence. A 14-year-old's strong, consistent preference carries real weight.
Yes. An undisclosed relocation that affects the child's living situation and parenting time is both a breach of the existing order and a material change that may justify an urgent application to the court.
You are not required to have a lawyer, but family law is procedurally complex and the material change threshold is a real legal hurdle. Many self-represented applicants have their applications dismissed for failing to meet the standard. Legal advice significantly improves your chances of success.