The Gordon/Supreme Court of Canada/Goertz case presents the test for amending or modifying a BC Child Custody order: If you are required to prepare this order, you must complete the results and order after listening (form FL-340) and the Child Custody and Visitation (Parenting Time) Order Attachment (Form FL-341). You may also need other backup and visit forms such as FL-341 (A), FL-341 (B), FL-341 (C), FL-341 (D) or FL-341 (E). And if there were other orders, such as child care, those forms must be filled out and attached. The second question is why you want to change custody. Whether you originally tried the issue of interim custody or accepted it at the time, once the court has signed the custody agreement, you will not change it simply because you are asking them to amend it for no compelling reason to do so. Finally, the original child care or child care contract is in effect because either you, the parents or the court, have decided that the agreement is in the best interests of the children. For example, if a parent was addicted to gambling at the time of the original custody contract and was granted a limited visit, they could prove that they have been clean for years and deserve another chance. On the other hand, if a parent was able to provide a better environment in the first place and has since transferred two abusive ex-convicts to an institution, this could be a significant change that would require the child to be removed from custody. Once you`ve received orders, you`ll collect information to prepare for the possibility of change. Track the time each parent spends with the children, keep a child care book, record conversations with the other parent, etc. If you think that, despite the objections of the other parent, you have reason to change custody of the child, you must start the process by submitting the necessary documents. As a general rule, this is done by filing a “movement” with the family court near you.
You most likely need to make sure that the other parent is “served” or that they receive a copy of the application. First, an assessment may be ordered by a social worker or you must participate in a mediation during which you and the other parent are expected to seek an agreement. If you disagree, the mediator or social worker will make a recommendation to the judge as to whether and how the custody decision should be changed.