How to Change an Existing Parenting Order in Ontario

Children grow, work schedules shift and families move. A parenting order that made sense two years ago may no longer fit, and many parents wonder whether they can simply start following a new routine.

This article explains the test a court applies when changing a final parenting order in Ontario, and the two main routes: changing it by agreement, or asking the court when the other parent does not agree. A lawyer can confirm how this applies to your order.

Why an informal change is not enough

Parents can update an agreement by agreeing to the change, but a court order can only be changed by a new decision from the court. If you both start following a new schedule without going back to court, the original order still stands.

A person subject to a parenting order must comply with it until it is no longer in effect. If an order is not followed without good reason, the court can take action against the person who did not comply, including a fine or jail.

The test for changing a parenting order

Under the Divorce Act, before varying a parenting order the court must be satisfied that there has been a change in the circumstances of the child since the order was made. Once that threshold is met, the court looks at the child's best interests, with primary consideration to the child's physical, emotional and psychological safety, security and well-being.

• Relocation of a child is deemed to be a change in circumstances, but a relocation the court has already prohibited does not count as a change by itself.
• On a variation application, the court cannot consider any conduct that could not have been considered when the original order was made.
• Former spouses may apply to vary a Divorce Act parenting order. A non-spouse parent or a person standing in the place of a parent needs leave of the court.

Parents who were never married, or who are not divorcing, have orders under Ontario's Children's Law Reform Act instead. The test under that Act should be confirmed with a lawyer.

Changing the order by consent

If you both agree, both parties sign Form 15C (Consent Motion to Change) in front of witnesses and file it with Form 14B and a typed Form 25 draft order (5 copies). If the judge grants the order, the court sends the signed order. If not, it sends an endorsement explaining why.

Motions on consent, unopposed motions and simple procedural motions are dealt with in writing in the Superior Court, without a hearing, using Form 14B: Motion. If you reach agreement during a case, you can ask a judge to make an order on consent.

Changing the order when the other parent disagrees

To change a final order or filed agreement when the other party does not agree, file Form 15: Motion to Change, sworn before a commissioner. Attach a copy of the order or agreement and Form 35.1 (for parenting changes), and give the other party blank Forms 15B and 15C.

• The motion must be served by special service by someone 18 or older other than you.
• The other party has 30 calendar days to respond, or 60 calendar days if they were served outside Canada or the United States.
• You may have to attend a free Mandatory Information Program (MIP) session.

If you need a temporary order along the way, most parties must attend at least one case conference first. That does not apply in cases of urgency, such as immediate safety risk, or hardship, but a judge may order costs against a party who brought an unnecessary motion.

Moves and other special situations

A relocation under the Divorce Act requires notice at least 60 days before the expected move, in the prescribed form, setting out the proposed revised parenting arrangement. The other parent can object within 30 days of receiving the notice. The court may waive or modify the notice requirements, including where there is a risk of family violence.

Who must prove what depends on the existing arrangement. If time is substantially equal, the relocating parent must prove the move is in the child's best interests. If the child spends the vast majority of time with the relocating parent, the objecting parent must prove it is not. Otherwise both share the burden.

What to do next

• Write down what has changed for the child and when.
• Find your current order or filed agreement and read what it actually says.
• Talk to the other parent about whether a consent change is possible.
• Keep following the order until a new one is made.
• Speak with a family lawyer before filing, especially if a move or safety concern is involved.

Frequently asked questions