Ontario courts are reluctant to vary parenting orders on a routine basis. Children benefit from stability and predictability, and allowing orders to be relitigated constantly would undermine both. Unless otherwise ordered or agreed, there is a deliberate legal barrier to varying a parenting order: you must demonstrate a material change in circumstances.
A material change is a change in the circumstances of the child, a parent, or another relevant party that: may not have been anticipated or foreseen when the original order was made, and is significant enough that the original order no longer reflects what is in the child's best interests. In short, it generally means a "big" change.
Common examples of material changes include: a parent relocating to a different city; a significant change in a parent's work schedule or availability; a parent remarrying or forming a new household; the child's needs changing as they grow older; a child moving to a different school that is out of district, a child pursuing time-consuming extracurriculars involving increased parental committment, a parent developing a health issue that affects their ability to care for the child; or persistent violation of the existing order.
What doesn't count as a material change: simply preferring a different arrangement, minor disagreements about day-to-day parenting, or the passage of time alone. That said, the passage of time may indirectly cause a material change, with the needs of a 2-year-old being far different from the needs of an 8-year-old.
If your parenting arrangement exists only in a separation agreement (not a court order), the threshold for changing it is different. An agreement can be amended by mutual consent of both parties. If one party refuses, the other can apply to court, where the court will make an order in the child's best interests — without necessarily requiring proof of a material change, depending on the circumstances.
As children mature, their preferences carry increasing weight. As noted above, a parenting arrangement that suited a 5-year-old may not reflect the best interests of a 14-year-old with established friendships, activities, and expressed preferences. Courts regularly take the evolving needs and preferences of children into account when variations are sought.
Relocation cases — where one parent wants to move with the child in a way that significantly affects the other parent's parenting time — are among the most contentious variations. As a starting point, the relocating parent must provide 60 days' written notice, and the non-relocating parent can object. Courts apply a specific set of factors beyond the general best interests test.
This is a general overview. For advice specific to your situation, contact Sheard Law at 416-860-9990 or use our intake form.
