Change an order or set aside an agreement in Provincial Court

Because of COVID-19, many conferences, hearings, and proceedings are being held by phone or videoconference at this time. For more information, see:

These guides can help you to change:

  • a final order, or
  • a separation agreement.

Change an order

Start a case to change an order

Before you begin the process for changing your final order, you have to start a case in Provincial Court.

Starting a case involves filing an Application Respecting Existing Orders or Agreements (Form 2) and a few other documents, then serving them on the other person. If you've already completed these steps, continue to the guides listed under If you already have an open case.

Start a family law case to change an order in Provincial Court 

Step-by-step guide for how to start your case to change a final order.

If you already have an open case

If you and the other person can agree on what the new order will say, the process will be simpler. If not, you could try mediation or some other ways to help come to an agreement. If you still can't agree, you might have to go to a judge and have them decide for you.

Change a family order in Provincial Court if you both agree

Step-by-step guide for if you and the other person in your case agree on what you want your changed order to say. The process if you can agree is much easier.

Change a family order in Provincial Court if you can't both agree

Step-by-step guide for if you and the other person in your case can't agree on what you want your changed order to say.

Change a separation agreement

Set aside all or part of an agreement in Provincial Court

Step-by-step guide about how to get an order to replace all or part of your separation agreement when you and the other person in your case can't agree on the new terms.

If you and the other person can agree, you can just make a new separation agreement instead of getting orders.