Motion to Change a Custody Order in Ontario: Requirements and Process

Life doesn't stop after a court order is made. Children grow, parents change jobs, families move. When your existing parenting order no longer fits your family's reality, Ontario law provides a process to change it — but the bar is higher than most parents expect.

You can't modify an order simply because you've changed your mind or because the arrangement has become inconvenient. The court requires evidence of a material change in circumstances — a significant shift that wasn't foreseeable when the original order was made.

The Material Change Test

Under Section 17 of the Divorce Act, the parent seeking the change must prove:

1. A change has occurred since the original order was made
2. The change is material — it's significant enough to affect the child's best interests
3. The change was not foreseeable at the time the original order was made

Examples of changes that typically qualify:

• A parent needs to relocate for work or family reasons
• The child has developed new medical, educational, or behavioral needs
• One parent has developed serious substance abuse or mental health issues
• A parent has been consistently violating the existing order
• The child (particularly a teenager) has expressed strong, persistent preferences about the arrangement
• Domestic violence has emerged or escalated

Examples that typically don't qualify:

• General dissatisfaction with the current schedule
• The other parent's new romantic partner (unless they pose a safety risk)
• Minor scheduling inconveniences
• Financial changes that only affect support (use a support variation instead)

The Filing Process

To change a parenting order in Ontario, you file a Motion to Change under Rule 15 of the Family Law Rules. The process:

Form 15: Motion to Change — outlines what you want changed and why. You must specify the exact paragraphs of the existing order you want to modify.

Form 15A: Change Information Form — provides detailed information about the proposed changes, the material change in circumstances, and your updated proposal for the child's care.

Form 35.1: Updated Affidavit — if the change involves parenting time or decision-making, you file a new Form 35.1 with your current parenting proposal.

Financial Statement: Form 13 or 13.1, updated to reflect current income and expenses.

After filing, you serve these documents on the other parent. They have 30 days to respond with their own Form 15B (Response to Motion to Change).

Court Fees

If you're filing in the Superior Court of Justice, expect the standard filing fees (approximately $214). If you're filing under the Children's Law Reform Act in the Ontario Court of Justice, there are no filing fees.

Timeline

Don't expect a quick resolution. From filing to hearing, a motion to change can take several months in most Ontario courthouses. The case still goes through the conference process: case conference, settlement conference, and potentially a trial management conference before a hearing.

If the change is urgent (for example, a parent is about to relocate with the child without following proper notice procedures), you can bring a motion on short notice or seek a temporary order to preserve the status quo.

What the Court Considers

Once you've cleared the "material change" threshold, the court applies the same best interests analysis used in the original order: the child's needs, each parent's capacity, the caregiving history, the child's views, willingness to support the other parent's relationship, and any family violence.

The court doesn't start from scratch — it modifies the existing order to address the changed circumstances. If only one aspect of the arrangement needs updating (for example, transitioning from a toddler schedule to a school-age schedule), the court adjusts that element while leaving the rest of the order intact.

The Ontario Child Custody & Parenting Plan Guide includes guidance on documenting material changes and drafting updated parenting proposals — the foundation you need before filing a motion to change or negotiating a variation through mediation.

See more Ontario guides →