Can a court make an interim order to vary a custody order?
British Columbia, Canada
The following excerpt is from N.S. v. B.L., 2015 BCSC 1366 (CanLII):
There is no provision in the Divorce Act for an interim order to vary a custody order. The only authority to make an interim custody order is that contained in s. 16(2). It permits a court to make an interim order only “where an application is made under subsection (1),” that is, an original application for custody or access. In this regard, we agree with the explanation given by Meiklem, J. in Greffard v. Greffard, [1994] B.C.J. No. 3010 (S.C.):
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a court to order custody of a child where there is no prior order for permanent custody? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What factors will the court consider when ordering a table amount for the purposes of an interim order? (British Columbia, Canada)
When will a court order a change in custody or order which restricts moving the child? (British Columbia, Canada)
What are the guidelines a court must apply in a custody matter where the custodial parent is seeking to relocate to a different place of residence with the non-custodial parent? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What authority does the court have to vary custody and access orders under s. 17 of the Divorce Act? (British Columbia, Canada)
What factors must the court consider when determining whether to modify an interim spousal support order? (British Columbia, Canada)
