What is the test for a court to vary an order made by consent?
British Columbia, Canada
The following excerpt is from Ward v. Ward, 2001 BCSC 847 (CanLII):
Before the Court varies an order made by consent it must be established that there has been a material change in circumstances that was not within the reasonable contemplation of the parties and which, if known, would have led to a different order or result: Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670. The court retains a discretion to defer to the original arrangement reached between the parties if these arrangements have produced reasonable child care circumstances while at the same time varying some aspects of these arrangements if appropriate.
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