Motion to Change Court Orders or Agreements
How do you change Court Order or Existing Agreement Related to Support or Parenting?
A “Motion to Change” is a court proceeding which one can use to change court order or agreement between the parties if there has been a “material change in circumstance” since the initial proceeding warranting a change in a court order, or an agreement previously entered into between parties. This means that something has happened for one of the parties since the date of the making of the order or entering into the agreement which no longer allows the existing agreement or court order to be followed at all or easily.
Some examples of orders frequently sought to be varied are as follows:
- A motion to change child support when a child support payor’s income has varied or been reduced since the child support order or agreement, warranting a reduction in child support payments;
- A motion to change spousal support for the when a spousal support payor’s income has varied or been reduced since the child support order or agreement, warranting a reduction in the child support payments – sometimes this happens as a result of a job loss or as a result of a medical issue for the support payor;
- A motion to change child support when a support recipient finds out or believes that a child support payor’s income has varied or increased since the child support order or agreement, warranting an increase in the child support payments – sometimes this happens as a result of a job loss or as a result of a medical issue for the support payor;
- A motion to change child support when a support recipient finds out or believes that a spusal support payor’s income has varied or increased since the spousal support order or agreement, warranting an increase in the spousal support payments;
- A motion to change when an event ending child or spousal support has happened, and the support payor seeks to terminate support payments;
- A motion to change custody or parenting time related to children as a result of a material change in circumstances affecting the existing order or agreement. As an example, this could happen when parties have agreed to joint custody in an agreement or the court has ordered joint custody but the parties’ relationship becomes increasingly conflicted over time such that they can no longer make decisions related to their child or children’s welfare together and jointly.
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This would warrant seeking to change court order to sole custody to one parent. It is important to note that Motion to Change proceeds are not deemed to be a re-trial of the original case if the matter was already before a court and the court made a final court order. In order to qualify for a motion to change, there must be a factor that has change significantly enough since the existing court order (a material change in circumstance) that affects one party’s ability to follow the order. In most cases the existing court order or agreement must be followed until changed/varied by a new court order or agreement. Call us today to speak to on of our Toronto Motion to Change lawyers today to seek to vary a child support, spousal support, custody or parenting Order or Agreement.
Separy Law Court Order Toronto Lawyers
While a final court order or separation agreement is meant to provide closure, life circumstances can change significantly over time. A substantial increase or decrease in income, a change in a child’s needs, or a parent’s desire to relocate can all be grounds to modify an existing arrangement for support or parenting. However, the legal threshold to vary an order is high, and you must prove a “material change in circumstances.” It is vital to speak with one of our Separy Law PC family lawyers in Toronto to assess your situation and effectively present your case for a modification.
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- Changing child custody or access orders
- Updating child or spousal support obligations
- Adjusting parenting schedules as children grow
- Responding to changes in income or circumstances
- Applying to the court for formal modifications
FAQs
Can I change a family court order or separation agreement in Ontario?
Yes. In Ontario, you can request to change (or “vary”) a family court order or separation agreement if there has been a material change in circumstances since it was made. This means something significant has changed—such as income, employment, childcare needs, health, or parenting arrangements—that affects the fairness or practicality of the existing terms.
Changes can apply to child support, spousal support, custody, parenting time, or other family-law obligations. If the change is not mutual, the person seeking the variation must usually bring a Motion to Change in court.
Our Ontario lawyers are trained in the requisite thresholds that need to be met when assessing whether an order or agreement can be varied. At Separy Law P.C. we can help you determine whether your situation meets the legal threshold for change and guide you through the process of revising your order or agreement effectively.
How do I apply to change a family court order or agreement in Ontario?
To change an existing family-court order or agreement, you typically file a Motion to Change with the Ontario Court of Justice or the Superior Court of Justice (Family Court). You must explain the change in circumstances, provide supporting financial and evidentiary documents, and request specific new terms.
If both parties agree on the change, it can often be submitted to the court on consent without a full hearing. If not, a judge will review the evidence and decide whether a change is warranted.
The family-law team at Separy Law P.C. assists clients across Ontario with drafting, negotiating, and filing motions to change. We ensure your updated order or agreement reflects your current financial and family circumstances and complies with Ontario family-law requirements.
What counts as a “material change in circumstances” under Ontario family law?
A material change in circumstances is a substantial and lasting change that was not anticipated when the original order or agreement was made, and that affects the rights or obligations of either party.
Common examples include:
- A significant increase or decrease in income
- A change in the child’s residence, schooling, or needs
- A new relationship or remarriage impacting finances or parenting
- Health issues affecting employability or caregiving
- Relocation that changes parenting arrangements
If you believe your current agreement or order no longer reflects your reality, contact Separy Law P.C. Our Ontario family lawyers will review your case, assess whether a material change exists, and help you pursue or defend a motion to change.
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