Variation of Court Orders or Agreements

Matters of child custody, access, and child support can be varied changed when there has been a material change in the circumstances of the parties or the child. Not every change is a material change, but if it is material, (meaning significant) then a change can be made, based upon the new circumstances as they exist. A court can always vary a court order or agreement regarding child matters if there has been a material change, even if the parties intended that there be no changes permitted.

Spousal support orders or agreements may also be changed if there has been a material change of circumstances and the parties clearly intended that changes be possible. Occasionally a court will even vary an agreement or order where the parties clearly stated that there was to be no change, if the court believes that it in the circumstances it would be very unfair not to change it.