Does a waiver of any right to apply to vary any term of the agreement between the parents apply to this court?
British Columbia, Canada
The following excerpt is from Fung-Sunter v. Fabian, 1998 CanLII 4612 (BC SC):
Any waiver of any right to apply to vary any term of the agreement is not a bar to this court making an order that is in the best interests of the children, regardless of whether or not such an order constitutes a variation of the terms of the agreement between the parents: see Pelech v. Pelech, 1987 CanLII 57 (SCC), [1987] 1 S.C.R. 801 at 849; and Richardson v. Richardson, 1987 CanLII 58 (SCC), [1987] 1 S.C.R. 857 at 869-70.
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