If you can't agree with the other party
How to set aside all or part of an agreement
Before using these guides
The courts can’t change a family agreement. But you can ask them to replace all or part of one with a new court order (to set aside an agreement).
Staying out of court
Before you start using these guides, think about your situation. Is it possible that you and the other party can agree about your issues? You could use the same process you used to reach your original agreement or try something else. See our fact sheet Who can help you reach an agreement?
If you can agree, you won't have to go to court, and a judge or master won't have to set aside your agreement. You can make a new agreement instead.
Also, it's a good idea to consider the guidelines a judge must follow to decide whether to set aside all or part of an agreement and make a new order. A judge won't do so just because one party isn't happy with the agreement. The chart below sets out what the judge must consider, depending on the issue involved.
|Type of agreement||Guidelines for judges|
|Guardianship, parental responsibilities, and parenting time||Is the existing agreement in the best interests of the child?|
|Contact with a child||Is the existing agreement in the best interests of the child?|
|Child support||Would the new order follow the rules in section 150 of the Family Law Act?|
If you must go to court — Choose Provincial or Supreme Court
You can apply to set aside all or part of an agreement, if you:
- have tried to resolve your issues on your own but can't,
- have tried to resolve your issues with the help of a mediator or other service but can't, or
- don't think it'll be possible to resolve your issues.
You must apply in the court where the agreement was originally filed: either the Provincial (Family) Court of British Columbia or the Supreme Court of British Columbia.
Select a link below to go to the appropriate self-help guide.