Motion to change
Changing a final order or agreement after a material change in circumstances.
A final order or a separation agreement is meant to last, but life does not stand still. When circumstances change, you bring a motion to change rather than starting a new case.
The legal threshold is a material change in circumstances: a change that is significant, was not foreseen when the order was made, and would likely have led to different terms had it been known. A parent losing a job, a serious change in a child's needs, or a relocation can all qualify. Wanting a better deal does not.
Procedure runs under the Family Law Rules. You file a Motion to Change (Form 15) with a Change Information Form (Form 15A), and serve them on the other party. If they consent, the change can go through on consent without a hearing. If they dispute it, the matter proceeds much like an original case, with disclosure, conferences, and possibly a hearing.
What you cannot do is simply stop paying or change the arrangement on your own because you believe circumstances have changed. The existing order stays in force until a court changes it, and arrears keep building in the meantime.
How Ryan helps: Ryan handles motions to change on a flat fee and will tell you in a free consultation whether your change clears the material-change threshold before you spend a dollar.
Frequently asked questions
What is a motion to change in Ontario family law?
A motion to change is how you ask the court to vary an existing final order or a support term in a registered agreement. It is used to change child support, spousal support, decision-making responsibility, or parenting time. You file it on the prescribed form under the Family Law Rules.
When can I bring a motion to change support or parenting in Ontario?
You generally need a material change in circumstances since the last order, something significant that was not known or foreseen at the time. A job loss, a substantial income change, a move, or a child's changing needs can qualify. The change must be real and ongoing, not minor or temporary.
Can both parents agree to change a court order without a hearing?
Yes. If both of you agree to the new terms, you can file a motion to change on consent, supported by an updated agreement and current financial disclosure where support is involved. A judge reviews it and signs the new order on paper, so no one needs to attend court.
Questions about your own situation?
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