Yes. However, there generally needs to be a material change in circumstances.
Under Canada’s Divorce Act and Ontario’s Children’s Law Reform Act, a court cannot make an order varying a final parenting order unless there has been a material change in circumstances that affects, or is likely to affect, the best interests of the child.
In practical terms, this means that a parent usually needs to show more than simply:
“I don’t like the current parenting schedule anymore.”
There needs to be a meaningful change in circumstances since the existing order was made.
For example, circumstances may change when:
- A child has gotten older and their needs have changed
- A child’s school schedule has significantly changed
- A parent has moved
- A parent’s work schedule has substantially changed
- The existing parenting schedule is no longer practical
- A child has developed significant educational, medical or other needs
- There are concerns about the child’s safety or well-being
- A parent is consistently unable to follow the existing parenting schedule
- There has been a significant change in the child’s relationship with either parent
- A proposed relocation affects the existing parenting arrangement
Whether a particular change is legally “material” depends on the facts of the individual case.
That is one reason it can be helpful to speak with a family lawyer before deciding whether to bring a motion to change a final parenting order.
What Does “Best Interests of the Child” Mean?
When deciding parenting issues, the court’s focus is not on which parent “wins.”
The central question is:
What parenting arrangement is in the child’s best interests?
Canada’s Divorce Act and Ontario’s Children’s Law Reform Act require the court to consider the circumstances of the child, with primary consideration given to the child’s physical, emotional and psychological safety, security and well-being. The legislation also identifies factors such as the child’s needs, stability, relationships with parents and other important people, and each person’s ability and willingness to support the child’s relationship with the other parent.
This can be particularly important when parents disagree about whether an existing parenting order should change.
For example, a parent may believe that a new schedule would be better because their child is older and needs more flexibility. The other parent may believe that changing the schedule would disrupt the child’s stability.
The court will consider the evidence and the child’s circumstances—not simply which parent makes the stronger argument.
What If My Child Wants a Different Schedule?
Children’s views and preferences can be relevant, but there is no automatic age at which a child gets to decide where they live or how much time they spend with each parent.
The child’s age, maturity, ability to express their views, and the circumstances surrounding those views may all be relevant to the court’s analysis.
The court’s ultimate focus remains the child’s best interests.
If your child is asking for a significant change to the parenting schedule, it can be helpful to get legal advice before making a major change to an existing court order.
What If the Other Parent and I Agree to Change the Parenting Order?
If both parents agree, the process can be considerably different from a contested court proceeding.
Ontario’s family court procedures provide for a consent motion to change when the parties agree on changes to a final order or written agreement. This can include changes to parenting time or decision-making responsibility.
Even when parents agree, it is important to make sure the new arrangement is properly documented and, where appropriate, incorporated into a new court order.
An informal agreement may not provide the same certainty or enforceability as a properly documented arrangement.
A family lawyer can help you understand whether your proposed agreement should be formalized and how to do so properly.
What If the Other Parent Does Not Agree?
If you want to change a final parenting order and the other parent does not agree, you may need to bring a motion to change.
Ontario’s Family Law Rules provide a process for requesting changes to a final order. Where parenting time or decision-making responsibility is being changed, additional documentation may be required, including an affidavit addressing parenting issues.
The process can involve:
- Identifying the changes you are asking for
- Completing the required court forms
- Providing evidence about the material change in circumstances
- Serving the other parent
- Filing the documents with the court
- Responding to the other parent’s position
- Attending court conferences or hearings as required
- Ultimately, having a judge determine the issue if the matter cannot be resolved
This is where getting legal advice can make a significant difference.
You may not need a lawyer for every step of your family law matter, but understanding what evidence matters, what the legal test is, and what outcome is realistically achievable can help you make informed decisions.
What If the Current Parenting Order Is Not Being Followed?
Changing an order and enforcing an order are two different things.
If the other parent is not following the existing parenting order, you may have the option of asking the court to enforce it.
For example, if a parent repeatedly refuses to follow the parenting schedule without a valid reason, the appropriate legal response may not necessarily be to immediately seek a new parenting schedule.
Ontario courts can address breaches of parenting and contact arrangements, and consequences can apply when court-ordered arrangements are not followed.
Before taking action, it is important to understand whether your situation is really about changing the parenting order, enforcing the existing order, or both.
What If One Parent Wants to Move?
Relocation can be particularly complicated.
A move—especially one that significantly affects the child’s relationship with the other parent—may require changes to the existing parenting arrangement.
Ontario’s legislation contains specific rules relating to changes in residence and relocation, including notice requirements in certain circumstances.
If you are considering moving with your child, or the other parent has told you they intend to move, it is worth getting legal advice before making the move or agreeing to a new parenting schedule.
A lawyer can help you understand your rights, obligations and available options.
Do You Need a Lawyer to Change a Parenting Order?
Parenting disputes can become complicated quickly, particularly when parents disagree about what is best for their children.
A family lawyer can help you:
- Assess whether there has been a material change in circumstances
- Understand how the best-interests test applies to your situation
- Determine whether you should seek a change or enforce the existing order
- Develop a proposed parenting schedule
- Gather and present relevant evidence
- Understand the court process
- Negotiate with the other parent or their lawyer
- Explore alternatives to litigation where appropriate
- Represent you in court when necessary
- Importantly, speaking with a lawyer does not mean you have to start a court case.
Sometimes, the most useful first step is simply understanding your legal position.
When Should You Speak to a Family Lawyer?
Consider getting legal advice if:
- Your current parenting schedule is no longer working
- Your child’s needs have significantly changed
- You or the other parent is planning to move
- The other parent is not following the parenting order
- You are concerned about your child’s safety or well-being
- You want to change parenting time
- You want to change decision-making responsibility
- Your child is asking for a significant change
- The other parent has brought a motion to change the existing order
- You have been served with family court documents
- You are unsure whether your circumstances qualify as a material change
- You do not have to wait until a parenting dispute becomes a major conflict before getting legal advice.
In fact, getting advice early may help you understand your options and avoid unnecessary escalation.
Book Your Free 15-Minute Consultation
If your parenting order no longer reflects your family’s circumstances—or if the other parent is asking to change the existing arrangement—getting legal advice early can help you understand what comes next.
A short conversation with a family lawyer may give you the clarity you need to decide whether to negotiate, seek a change, enforce the existing order, or take another approach.
Your family situation is unique. Get legal advice before making a decision that could affect your children and your future.
Frequently Asked Questions About Changing Parenting Orders in Ontario
Can a parenting order be changed in Ontario?
Yes. A parenting order can potentially be changed where there has been a material change in circumstances that affects, or is likely to affect, the child’s best interests.
How do I change a parenting order in Ontario?
If the parents agree, they may be able to use a consent motion to change. If they do not agree, a motion to change may be required. The appropriate process depends on the existing order, the circumstances and the changes being requested.
Can I change parenting time without going to court?
Potentially. If both parents can reach an agreement, they may be able to negotiate a new parenting arrangement and formally document it. A lawyer can advise you about the best way to record the agreement, including whether it is necessary to obtain a new court order.
What is a material change in circumstances?
A material change is a significant change in circumstances that affects, or is likely to affect, the best interests of the child. Whether a particular change meets this test depends on the facts of the case.
Can a child decide which parent to live with?
There is no automatic age at which a child gets to make that decision. A child’s views and preferences may be considered, depending on the circumstances, but the court’s ultimate focus is the child’s best interests.
See our related blog post: “Can a Child Choose Which Parent to Live With in Ontario?“
Can a parenting order be changed if the other parent disagrees?
Yes, potentially. If the parents cannot agree, a parent can ask the court to change the order, provided the legal requirements for varying the order are met.
What should I do if the other parent is not following our parenting order?
Do not assume that you need to immediately seek a new order. Depending on the circumstances, enforcement of the existing order may be appropriate. Speak with a family lawyer to understand your options before taking action.
Is it worth talking to a lawyer before trying to change a parenting order?
For many parents, yes. A lawyer can help you determine whether your circumstances may meet the legal test, what evidence may be relevant, and whether negotiation, mediation, a consent change, or a court proceeding is the appropriate next step.
Disclaimer: This article is intended for general information only and does not constitute legal advice. Family law is highly fact-specific, and the law and court procedures can change. If you are dealing with a parenting dispute or considering changing an existing parenting order, speak with a qualified Ontario family lawyer about your specific circumstances.
