Motions to Change and Parenting Adjustments
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Pre-Separation Consultations: Why They Matter
Motions to Change and Parenting Adjustments
Separation agreements and court orders are meant to provide stability, but life doesn’t stand still. Jobs change, incomes shift, children grow older, and what worked before may no longer be practical. When that happens, parents or former spouses may need to ask the court to make changes. In Ontario, this is done through a Motion to Change.
Table of Contents
ToggleWhat Is a Motion to Change?
A Motion to Change is the formal process for asking the court to vary an existing order. It can deal with issues like support, parenting time, or decision-making responsibility. To succeed, you must show that there has been a material change in circumstances since the last order was made.
Examples include:
– A significant increase or decrease in income.
– A child’s needs changing as they get older.
– A parent moving to a new location.
– New evidence of safety concerns.
Courts don’t reopen cases lightly. The change must be real, substantial, and relevant to the issues decided before.
Parenting Adjustments
Children’s lives change quickly. A parenting schedule that worked for a toddler may not work for a teenager with school, sports, and social activities. Adjustments might involve:
– Updating schedules.
– Ending or adjusting child support.
– Changing holiday schedules.
– Shifting decision-making responsibilities as children mature.
– Revisiting parenting time if one parent’s work hours or availability change.
These adjustments can sometimes be agreed to by the parents and written into a new separation agreement. If not, a Motion to Change may be required.
Why Careful Preparation Matters
Filing a Motion to Change involves more than just filling out forms. You need to provide evidence of the change, such as financial documents, school records, or medical reports. Without this, the court may dismiss the request.
It’s also important to think strategically. Are you asking for a reasonable adjustment that reflects the child’s best interests? Or are you re-litigating old arguments? Courts are more likely to grant changes when requests are clear, focused, and supported by facts.
Alternatives to Court
Not every adjustment requires a formal motion. Parents can use mediation, negotiation, or parenting coordination to update their arrangements. Courts generally encourage parents to resolve changes outside of litigation if possible. Still, the Motion to Change remains available when agreement can’t be reached.
Role of a Lawyer
A family law lawyer can help assess whether your situation qualifies as a material change, guide you through the forms and deadlines, and ensure your evidence is strong. They can also help you consider alternatives before heading to court.
Key Takeaway
A Motion to Change is the court’s way of recognizing that life evolves. Parenting adjustments and support variations are normal as children grow and circumstances shift. The key is showing that the change is significant and that the relief requested is reasonable. Always approach the process with clear evidence and a child-focused mindset.
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