Does the filing of a parenting agreement with the court make it enforceable as a parenting order?
British Columbia, Canada
The following excerpt is from S.C.B. v K.M.B., 2018 BCSC 1148 (CanLII):
In Nijjar v. Gill, 2017 BCSC 1362 at paras. 110 to 112, Justice Griffin, then still a member of this court, held that the filing of a parenting agreement with the court made it enforceable as an order, but did not convert it to one. This relieves the party seeking to set it aside from having to meet the material change in circumstances test. This conclusion was adopted by the CLEBC Family Law Sourcebook for British Columbia at chapter 2.57.
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