What counts as a material change in circumstances for parenting orders in Ontario?

A "material change in circumstances" is the legal threshold that must be met before a court will reconsider an existing parenting order. The change must be significant, unforeseen at the time the original order was made, and it must affect the child's best interests. A change that is merely inconvenient or that the parties could have anticipated when they agreed to the original order usually does not qualify.

Examples that Ontario courts have found to constitute a material change include: a parent moving to a new city; a child developing significant new needs (medical, educational, or therapeutic); a significant change in a parent's work schedule; a change in a child's expressed preferences as they mature; a parent forming a new relationship that affects the household; or disclosure of new information about a parent's conduct that was not known at the time of the original order.

Examples that typically do not qualify: a parent simply preferring a different schedule; mild disagreements that existed before the order was made; or gradual changes that were foreseeable from the outset.

The party seeking to vary the order must establish the material change before the court will even consider whether a new order is warranted.