When to Bring a Motion to Change a Court Order in Ontario

Family circumstances rarely stay the same for long. Children grow, incomes change, health issues arise, and parenting schedules that once worked may no longer serve anyone’s best interests. When life changes in a meaningful way, a final court order or separation agreement may no longer reflect the family’s reality.

In Ontario, this is when you may need to bring a Motion to Change.

At Willing Law, we regularly assist clients with modifying existing orders relating to parenting time, decision-making responsibility, child support, spousal support, arrears, and other ongoing obligations. Below, we explain when a Motion to Change is appropriate and what you need to know before starting one.

What Is a Motion to Change?

A Motion to Change is a formal request asking the court to update, vary, or terminate parts of an existing court order or family arbitration award. It applies to issues such as:

• Parenting time and decision-making responsibility

• Child support and Section 7 expenses

• Spousal support

• Enforcement or reduction of arrears

• Any other ongoing terms of a previous order or agreement

The court will only change an order if you can show there has been a material change in circumstances—meaning the situation is significantly different than when the original order was made.

What Counts as a “Material Change in Circumstances”?

A material change is any substantial shift that:

1. Was not anticipated at the time of the original order, and

2. Would have affected the outcome had the judge known about it back then.

Common examples include:

Changes in Income

• Job loss or significant reduction in hours

• Substantial increase in income

• A party returning to work after parental leave

• A self-employed parent whose income no longer reflects the original support calculation

This is one of the most common reasons to bring a Motion to Change.

Changes to the Child’s Needs

• Increased educational or medical expenses

• New mental-health or developmental needs

• Changes in extracurricular activities requiring higher Section 7 contributions

Changes in Parenting Schedules

• A parent moves farther away (relocation)

• A child’s school schedule changes

• A parent becomes unable to exercise parenting time

• A parent becomes more available and wants increased time

Changes in Safety or Stability

• Concerns about substance abuse

• Family violence

• A parent failing to comply with the existing order

• Housing instability affecting the child’s routine

Changes in Support Requirements

• Spousal support entitlement ending due to remarriage or re-partnering

• A payor reaching retirement

• A child turning 18 but still dependent due to school or disability

If the change is significant, ongoing, and connected to the original order, you likely meet the threshold.

When a Motion to Change Is Not Appropriate

A Motion to Change may not be the right avenue when:

• You simply disagree with the previous court decision

• The change is temporary or minor

• You want to raise new issues unrelated to the original order

• You haven’t exchanged updated financial disclosure

In these situations, negotiation, mediation, or a case conference may be better options.

Do You Need Evidence? Yes.

Judges require more than verbal statements. You must provide documentation supporting the change, such as:

• Updated pay stubs or tax returns

• Medical or therapy records

• School letters or schedules

• Evidence of missed parenting time

• Proof of relocation

• Receipts for extraordinary expenses

At Willing Law, we help clients organize and present clear, persuasive evidence that meets Family Law Rules requirements.

Why Timing Matters

Delaying a Motion to Change can lead to:

• Mounting arrears that cannot easily be reduced retroactively

• Loss of parenting time that may affect future arguments

• Misinterpretation of your intentions, such as appearing unwilling to support your child

If your circumstances shift, it is always better to seek legal advice quickly.

How Willing Law Can Help

At Willing Law Professional Corporation, we support clients across Ontario’s family court system—both in-person and virtually. We help you:

• Assess whether a material change exists

• Prepare the necessary court documents

• Gather and organize supporting evidence

• Negotiate effective solutions outside of court

• Advocate for you at every stage of the Motion to Change process

We understand how stressful support and parenting disputes can be, and we focus on achieving cost-effective, child-focused solutions.

Thinking About Bringing a Motion to Change?

If you believe your circumstances have changed, we invite you to connect with us. A brief consultation can help you determine your rights, responsibilities, and next steps.