Motion to Change a Final Family Order in Ontario

Life does not stand still after a court order is made. A job is lost, a child's needs grow, a parent moves, or a support amount no longer matches reality. If the order is final, you generally cannot just start ignoring it or quietly agree to something different and hope for the best.

This article explains in plain terms what a motion to change is, what you have to show, which forms are involved and what happens after you serve the other person. Every case turns on its own facts, so treat this as a map, not a substitute for advice on your situation.

What a motion to change covers

The motion-to-change rule applies when you want to change a final order, a support agreement filed under s. 35 of the Family Law Act, or a family arbitration award. The person bringing it uses Form 15 (Motion to Change), sworn before a commissioner.

It is different from an appeal. A motion to change says that things have changed since the order was made. An appeal says the judge made a mistake, and it has its own short deadlines. For a final Ontario Court of Justice order, for example, the notice of appeal must be served within 30 days after the date of the order.

What you have to show

The court does not rewrite an order simply because one person would like a different result. You must show the kind of change the law requires, and that depends on what you are asking to change and which statute applies.

Whether your facts meet that test is often the hardest part of the case. Evidence matters, so think about what documents show the before and after.

Forms to prepare

The forms you need depend on what you are changing. A typical package includes the following.

• Form 15 (Motion to Change), sworn before a commissioner.
• Form 35.1 if parenting is being changed.
• Form 13 plus Form 13A if support is being changed.
• Form 35.1A as well, if the child or any party has been involved in a child protection case.
• A recent copy of the Director's Statement of Arrears, if support is registered with the Family Responsibility Office.

Form 35.1 is an affidavit, and it must be sworn before a commissioner for taking affidavits. If you later discover that something in it is incorrect or incomplete, you must correct it as soon as you discover it. A person who is not a parent and who claims decision-making responsibility has extra requirements, including a police records check, so that situation is worth discussing with a lawyer.

Serving the motion and what happens next

A motion to change must be served by special service, and the person who serves it must be someone other than you who is at least 18 years old. The other party has 30 calendar days to respond, or 60 days if they were served outside Canada or the United States.

In the Family Court of the Superior Court of Justice, most motions to change are on the fast track, which means there is a first court date. Other courts can work differently, and regional practice directions may add requirements.

If you and the other party agree on the change, you can use a consent motion to change. There is also a separate consent process for changing child support only. Agreeing on paper is not the same as having a new order, so do not treat a private deal as binding on the court until the process is complete.

What to do next

• Write down what has changed since the order, with dates, and gather the proof: pay stubs, notices, school or medical records, messages.
• Get a copy of the order or agreement you want changed and confirm which court made it.
• Contact a Family Law Information Centre, which gives free information on court processes and local resources, though its staff do not give legal advice.
• At a family courthouse, duty counsel can review your forms and explain the law but cannot represent you in your case.
• Speak with a family lawyer before filing if parenting, relocation or large support amounts are involved.

Frequently asked questions