In British Columbia, it’s not unusual for parents to ask whether a parenting order can be changed after it’s been made. Circumstances change, children get older, schedules shift, and life moves on.
The short answer is yes. Parenting orders can be changed, but only in certain situations and through the proper legal process.
What Is a Parenting Order?
A parenting order is a legally binding decision made by the court that sets out:
- Parenting time (when the child is with each parent)
- Decision-making responsibilities
- Communication and contact arrangements
Once in place, the order must be followed unless it is formally changed.
When Can You Change a Parenting Order in BC?
To change (or vary) a parenting order, you must show a “material change in circumstances.”
What Is a Material Change?
A material change is:
- A significant change affecting the child’s needs or circumstances
- Something that was not anticipated when the original order was made
- A change that impacts the child’s best interests
Without proving this threshold, the court will generally not reconsider the existing arrangement.
Common Examples of Material Changes
1. Relocation of a Parent
If one parent plans to move (especially to another city or province) this can significantly affect parenting time.
Examples include:
- A job opportunity requiring relocation
- Moving closer to extended family support
- A new relationship prompting a move
Relocation cases are complex and often require court approval before changes are made.
2. Changes in Work Schedules
A parent’s new job or shift pattern may make the existing schedule impractical.
For example:
- Transitioning to night shifts
- Increased travel for work
- Loss of flexibility in working hours
If the current arrangement no longer works, a modification may be appropriate.
3. The Child’s Evolving Needs
As children grow, their needs change.
This may include:
- Starting school or changing schools
- Extracurricular commitments
- Social and developmental needs
Courts recognize that parenting plans should evolve alongside the child.
4. Concerns About a Child’s Well-Being
If there are new concerns about:
- Safety
- Neglect
- Emotional well-being
the court may revisit the parenting arrangement to better protect the child.
How to Modify a Parenting Arrangement in BC
Step 1: Try to Reach an Agreement
Whenever possible, parents are encouraged to:
- Communicate and negotiate changes
- Use mediation or collaborative family law
If both parties agree, the new arrangement can be formalized in:
- A written agreement, or
- A consent order
Step 2: Apply to the Court
If an agreement cannot be reached, a parent must apply to court to change the parenting order.
This process generally involves:
- Filing an application to vary the order
- Providing evidence of the material change
- Demonstrating that the proposed change is in the best interests of the child
Step 3: Court Review
The court will consider:
- Whether a material change has occurred
- The child’s health, safety, and emotional well-being
- Each parent’s ability to meet the child’s needs
- The child’s views (depending on age and maturity)
The best interests of the child remain the central guiding principle.
Important Considerations
- You cannot change a parenting order informally and assume it will hold up legally
- Denying parenting time without a court order can have serious consequences
- Even agreed changes should be properly documented
Practical Tips for Parents
- Keep detailed records of any changes in circumstances
- Focus on what is best for your child, not personal disagreements
- Be open to flexible solutions where appropriate
- Seek legal advice early if a significant change is anticipated
Key Takeaways
- Parenting orders can be changed in BC, but not automatically
- You must show a material change in circumstances
- Courts will always prioritize the best interests of the child
- Changes should be formalized through agreement or court order
Speak With A Lawyer
Understanding how to change a parenting order in BC is essential for parents navigating life after separation. While the legal test for modification can feel strict, it exists to provide stability for children while still allowing flexibility when life changes.
If you’re exploring how to modify a parenting arrangement in BC, the team at ALG Lawyers can guide you through your options and next steps.
Contact ALG Lawyers today to help you better understand your rights and guide you through the process with clear and practical advice.
