Changing a Final Family Court Order in Ontario: What to Know

Life changes after a court order is made. A job may be lost, a child's needs may shift, or a parent may move. If your final order no longer fits your situation, you may be wondering how to change it.

This article explains the practical points that apply in Ontario family cases generally, and it does not replace advice on your own situation. The exact test for changing a final order and the forms to use depend on the kind of order, so a lawyer or Family Law Information Centre can confirm those details for you.

Keep following the order while you seek a change

How a change in your circumstances affects an existing order depends on your situation, so it is worth confirming with a lawyer. If a person fails to obey an order in a case, the court may make any order it considers necessary under rule 1(8), including costs, dismissing a claim or striking out documents.

For that reason, it is usually safer to keep complying while you ask for a change, rather than deciding on your own to stop.

Think about what has actually changed

What the court needs to see before it changes an order depends on your situation, so it is worth confirming with a lawyer. Before taking any step, write down what is different since the order was made and when it happened.

• Changes in income, employment or expenses, if support is involved.
• Changes in a child's needs, schedule or living arrangements, if parenting is involved.
• Documents that prove each change, such as pay records or notices.

The legal standard for what counts as a sufficient change differs depending on the type of order, and a lawyer can tell you which one applies to yours.

Financial information for support changes

If support is part of the issue, expect to deal with financial disclosure. A party making a claim for support, property or exclusive possession of the matrimonial home must serve and file a financial statement, Form 13 or 13.1. Form 13 (Support Claims) is used where support is claimed with no property claim and no claim for exclusive possession of the matrimonial home.

In support cases, a party must also serve the income and financial information in s. 21(1) of the Child Support Guidelines. If they became unemployed within the last three years, they must serve a complete copy of the Record of Employment or other proof of termination, plus a statement of any continuing benefits from the former employer. For child support, they must serve proof of any special or extraordinary (s. 7) expenses.

If a party has not served or filed required financial documents, the court may, on motion, order them to do so, and it must also order the party to pay costs. Whether these exact rules apply to a request to change a final order can depend on how the case proceeds, so confirm this before you file.

Agreements, mediation and offers

Whether a final court order can be changed by agreement depends on your situation, so it is worth confirming with a lawyer. Separately, a domestic contract, such as a separation agreement, or an agreement to amend or rescind one, is unenforceable unless it is made in writing, signed by the parties and witnessed. A party may file a domestic contract with the clerk of the Ontario Court of Justice or the Family Court so that its support provisions can be enforced.

Mediation can help. Ontario describes it as a negotiation with the help of a mediator who does not take sides or give legal advice. The mediator writes up what the parties agreed, and Ontario advises that each party get advice from a different lawyer before signing to make it legally binding.

An offer to settle must be signed personally by the party making it and by their licensed representative.

What to do next

• Any agreement that changes a domestic contract must be in writing, signed by the parties and witnessed.
• List what has changed, when, and gather proof.
• Collect current income and financial documents.
• Ask a Family Law Information Centre which forms apply to your type of order.
• Speak with a lawyer about the legal test for your type of order before filing.
• Consider mediation before going further, and get legal advice before signing any agreement.

Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel.

Frequently asked questions