- A parenting order can be changed, but generally only where there has been a material change in circumstances since the last order was made.
- A material change must be a real, significant shift that affects the child — not simply one parent wishing the arrangement were different.
- Since March 2021, the Divorce Act uses “decision-making responsibility” and “parenting time” rather than the older terms “custody” and “access.”
- The best interests of the child remain the deciding factor in any variation, exactly as in the original order.
- Parents can agree to change an order informally, but formalizing changes through a consent order or updated agreement protects both parents and avoids future disputes.
- Urgent situations — such as safety concerns — can be brought before a judge on a motion for a temporary order without waiting for a full variation hearing.
The Short Answer: Yes, But Only With a Material Change
A custody or parenting order in Ontario can be changed — but not simply because one parent wants a different arrangement, or because the other parent is willing to negotiate informally without proper documentation. Courts generally require a material change in circumstances since the last order before they will revisit the arrangement, whether the order was made by consent or after a contested hearing.
This guide explains what that test actually requires, the process for seeking a change, and when parents can — and cannot — simply agree between themselves.
What Counts as a “Material Change in Circumstances”?
A material change generally must be:
- Significant — a real, meaningful shift, not a minor inconvenience or preference.
- Affecting the child — the change must materially affect the child's needs or circumstances, not just the parents' convenience.
- Not reasonably foreseeable — something that was not, and could not reasonably have been, anticipated when the earlier order was made.
- Likely to have changed the original order — if the court had known about it at the time, the original order would likely have been different.
The material change requirement exists to protect stability for children. Without it, parenting orders could be relitigated endlessly any time one parent became unhappy with the arrangement, which courts recognize is harmful to children's wellbeing.
Common Reasons Parents Seek a Change
| Reason | Often Qualifies as Material? |
|---|---|
| A parent relocating for work or family reasons | Often, especially if it affects parenting time significantly |
| A significant, sustained change in work schedule | Often, if it genuinely affects caregiving ability |
| New safety concerns (substance use, violence, neglect) | Yes, and may justify urgent action |
| A child developing new educational or medical needs | Often, depending on the specifics |
| One parent is simply unhappy with the current arrangement | Rarely, on its own |
| A child getting older, with no other change | Not usually alone; may contribute alongside other factors |
The Legal Test for Variation
Once a material change is established, the court applies the same overarching standard used in the original order: the best interests of the child. The court does not simply ask what the parents want — it reconsiders the arrangement fresh, based on the child's current circumstances and needs, guided by the same best-interests factors used in the initial decision (stability, the child's views where appropriate, each parent's ability to care for the child, and the child's relationships, among others).
See our guide on how child custody is decided in Ontario for the complete list of best-interests factors courts apply.
How to Change a Parenting Order: Step by Step
Can You Just Agree Informally?
Parents are free to informally adjust their day-to-day arrangement by mutual agreement. The risk is that an informal, undocumented change offers no legal protection — either parent can revert to the original order's terms at any time, and a pattern of informal deviation can create confusion or conflict later.
For any significant or long-term change — not a one-off schedule swap — put it in writing and, ideally, convert it into a consent order or updated agreement. This protects both parents and gives the arrangement real legal weight if a dispute arises later.
Urgent or Emergency Changes
Where there is a genuine safety concern — such as evidence of violence, substance abuse affecting caregiving, or immediate risk to the child — a parent can bring an urgent motion for a temporary order without waiting for a full variation hearing on the underlying issue. Courts reserve this route for genuine urgency, not general disagreement about the existing schedule.
What If the Other Parent Won't Agree?
If negotiation and mediation do not resolve the disagreement, either parent can bring a formal motion or application to change the existing order. From there, the matter proceeds much like other contested family law issues — financial and factual disclosure, conferences aimed at narrowing the dispute, and, if necessary, a hearing where a judge decides based on the material change test and the child's best interests.
Minor Adjustment vs. Material Change
| Situation | Type | Typical Path |
|---|---|---|
| One-time schedule swap for a special occasion | Minor, temporary | Informal agreement between parents |
| Ongoing, permanent shift in a parent's work schedule | Potentially material | Negotiate, then formalize the change |
| Relocation to a different city or province | Likely material | Formal negotiation or court application |
| Newly discovered safety concern | Material, potentially urgent | Consider an urgent motion |
Common Mistakes
Informal changes offer no legal protection and can be reverted to the original order at any time without warning.
A pattern of concerning behaviour or a genuine material change should be addressed proactively, not left to worsen.
Simply wanting a different arrangement is not the same as a material change — courts will not revisit an order without meeting the legal test.
Courts decide variations based on the child's best interests, not which arrangement is more convenient for either parent.
Considering a change to your parenting order, or responding to a proposed change? Call our Toronto family lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
Yes, if both parents agree. Parents can negotiate a new arrangement and, ideally, formalize it through a written agreement or a consent order filed with the court. Going to court is generally only necessary when the parents cannot agree on the proposed change.
A material change is a significant change that materially affects the child, that was not foreseen or could not have been reasonably anticipated when the earlier order was made, and that — had it been known at the time — would likely have resulted in different terms. Ordinary, expected developments, like a child getting slightly older, generally do not meet this test on their own.
Common examples include a parent relocating for work, a significant change in either parent's work schedule, a child's changing needs (such as new educational or medical requirements), evidence of safety concerns, or a substantial and sustained breakdown in the current arrangement that is harming the child.
Not usually on its own, since it is an expected, foreseeable development. However, a child's evolving preferences or needs as they get older — especially combined with other factors — can contribute to a material change in some circumstances.
Since amendments to the federal Divorce Act that came into force in March 2021, the terms "custody" and "access" were replaced with "decision-making responsibility" (authority over major decisions like health, education, and religion) and "parenting time" (the time a child spends in each parent's care). Many people still use the older terms informally, and Ontario's Children's Law Reform Act was updated to align with similar terminology.
A pattern of non-compliance can potentially support a variation, but the more immediate remedy for a parent violating an existing order is often a motion to enforce the current order, rather than starting with a variation. A lawyer can help you determine which approach fits your situation.
If both parents agree, a consent variation can be finalized relatively quickly, sometimes within a few months. If the change is contested, it proceeds like other family litigation and can take significantly longer, depending on the complexity of the issues and current court scheduling.
Yes, in situations involving genuine urgency — such as safety concerns for the child — a parent can bring a motion for a temporary order without waiting for a full hearing on the underlying variation. Courts reserve this for genuinely urgent circumstances, not general dissatisfaction with the current arrangement.
This is risky. Without a formal agreement or order reflecting the new arrangement, the other parent could seek to enforce the original order at any time, and an informal, undocumented change offers no legal protection if a dispute arises later.
No. A material change simply opens the door to the court reconsidering the arrangement — it does not guarantee any specific outcome. The court will still decide the new arrangement based on the best interests of the child, considering all relevant factors at the time of the variation.
In certain circumstances, non-parents such as grandparents may be able to bring an application related to parenting time or contact, depending on the specifics of the Children's Law Reform Act and the situation. This is a more specialized area — speak with a family lawyer if this applies to you.
Not always, especially if both parents already agree and simply need help formalizing the change. If the change is disputed, or involves a significant shift such as relocation, a lawyer's help in applying the material change test correctly and presenting the strongest case for the child's best interests is often valuable.