Divorce Lawyers Serving Lavington & the Okanagan

Not every family law file is a new separation. Some arrive years later, when an order or agreement made for one set of circumstances no longer matches the family’s life: a parent has moved out to Lavington or away from it, a child is now a teenager with a job and opinions, an income has gone up or down, or support was meant to end and has not. This page is about changing what is already in place.

The starting point is that an order stays binding until a court changes it, and an agreement stays binding until the parties change it or a court sets it aside. Stopping payments, or keeping a child longer than the schedule allows, because circumstances have changed does not change the order, and it can be held against you later.

What the law requires before an order is changed

Each kind of order has its own test. In each case the court must find that something has changed since the order was made.

For child support set from the tables, the change can be as simple as a change in the paying parent’s income that would produce a different table amount (Guidelines section 14(a)). Both the FLA and the Divorce Act allow a court to change an order retroactively as well as for the future (FLA sections 152(1) and 167(1); Divorce Act section 17(1)). Whether the court will go back in time, and how far, depends on the facts, including when the other parent was told and why the application was delayed. See our articles on retroactive child support and on reducing arrears.

Changing an agreement rather than an order

If what you have is a written agreement rather than a court order, the rules differ by subject:

• Parenting. A court must set aside or replace all or part of a parenting agreement that is not in the child’s best interests (FLA section 44(4)).
• Child support. A court may set aside or replace a child support agreement if it would make a different order under the child support rules (section 148(3)).
• Spousal support. A witnessed written agreement can be set aside only on the grounds in section 164: failure to disclose, taking improper advantage, not understanding it, other contract grounds, or significant unfairness in light of the time passed and other factors.

Which court file the application goes in

For families in Lavington, the location question has two parts.

If there is already a case. Under Rule 7(2) of the Provincial Court Family Rules, an application between the same parties goes in the existing court file. If your order was made in another registry, say in Kelowna or on the Coast, and you now live in Lavington, the application to change it starts in that same file. A court can transfer a file to another registry by a case management order, and a lawyer can tell you whether that is worth asking for. Orders made in the Supreme Court, including under the Divorce Act, are changed in the Supreme Court.

If there is no case yet. Rule 7(1) points to the registry closest to where the child lives most of the time, or, if no child-related issue is involved, closest to the home of the person who files first. For a child living in Lavington that is likely to be Vernon, but the rule does not say how distance is measured, so confirm with the registry. The Vernon Law Courts at 3001 27 Street house the Provincial and Supreme Courts (the Province’s courthouse list, updated October 1, 2026).

Vernon’s Provincial Court registry is an early resolution registry. Before an application about a family law matter is filed there, the Rules require a notice to resolve, a needs assessment, a parenting education program and at least one session of consensual dispute resolution, unless an exception applies (Rules 10 to 12 and 14). Whether, and how, those steps apply to your application to change an existing order is something to check with the registry or the Family Justice Centre before you file. The Vernon Family Justice Centre at 202 – 3203 30th Street serves the Vernon, Salmon Arm and Revelstoke registries; its services are free and are available by phone and video for families who live at a distance.

Moving with a child

A planned move is one reason to revisit parenting arrangements. Where a written agreement or order about parenting or contact applies, a guardian who plans a relocation that can reasonably be expected to significantly affect the child’s relationship with another guardian or other important person must give at least 60 days’ written notice to the other guardians and anyone with contact (FLA sections 65 and 66). The court can excuse notice where giving it risks family violence or where there is no ongoing relationship. Another guardian has 30 days after receiving the notice to apply to stop the move (section 68). Orders under the Divorce Act have their own notice rules.

Trying to agree first

A change made by agreement is faster and cheaper than one made by a judge, and it keeps the decision with the two of you. Family Justice Counsellors at the Vernon centre are accredited mediators and can help with parenting, guardianship, contact and child and spousal support, at no charge; they cannot advise either of you, so each of you may still want a lawyer to review the result. Private mediators and lawyer-assisted negotiation are other routes. Whatever you agree should be put in writing and, for parenting and support, filed with the court so it can be enforced. Our family mediation page explains how we act alongside a mediator.

Unpaid support

Support orders, and written child or spousal support agreements filed with the court, can be enforced under the Family Maintenance Enforcement Act, through the provincial enforcement program (FLA sections 148(2) and 163(3)). If support has stopped, keep a record of what was due and what was paid. If you are the one who cannot pay, apply to change the order rather than letting arrears build; a court can reduce arrears, but it looks at why you waited.

What to bring to a first meeting

• the order or agreement you want to change, with any earlier versions
• a short timeline of what has changed and when
• your last three years of income tax returns and notices of assessment, and whatever you have for the other parent
• records of support paid or received, and of any arrears
• for parenting changes, the current schedule as it actually works, school information, and any messages that show the problem
• any notice of relocation you have given or received

Questions from Lavington parents

My ex earns much more than when our order was made. Can child support go up?

Yes, if the change would produce a different amount under the guidelines. Start by asking in writing for their income documents; you are entitled to them once a year.

I lost my job. Can I just pay less until I find work?

No. Paying less without an agreement or order leaves you owing the full amount. Apply to change the order, or agree a change in writing, as soon as you can.

Our order was made in Kelowna. Do I have to go back there?

The application goes in the existing court file. Your lawyer handles the filing, and you can ask the registry whether an appearance can be made by phone or video. A transfer of the file can also be requested.

Can my teenager decide where to live?

A child’s views are one factor in the child’s best interests, unless it would be inappropriate to consider them (FLA section 37(2)(b)). They do not decide the question on their own.