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What Is a Material Change in Circumstances?

You cannot vary a final family law order just because you have changed your mind. There must be a material change in circumstances, something significant that was not anticipated when the original order was made.

Examples of material changes that courts accept:

A major increase or decrease in either parent’s income
Job loss or a significant career change
A change in the child’s primary residence or schooling
A child starting full-time post-secondary studies
The recipient of spousal support is moving in with a new partner
A payor’s retirement
A parent relocating to another city or country
A serious illness or health event affecting either party • A child’s wishes changing as they grow older

If both parties agree to the change, you can update your order by consent without going back to court. A consent order or amended separation agreement is signed and filed. This is faster and cheaper.

If one party refuses, a formal motion to change is filed. The court decides whether a material change exists and what the new terms should be. We prepare and argue these motions with solid evidence of the changed circumstances.

What Orders Can Be Changed?

💰 Child Support
Varies when income changes significantly, when parenting time changes, or when a child’s needs change.

📋 Spousal Support
Can be varied upon retirement, cohabitation with a new partner, or a significant change in income.

👧 Parenting Time
Can be updated when the current schedule no longer serves the child’s best interests.

🎯 Decision-Making
Joint or sole decision-making can be adjusted when the child’s situation changes significantly.

🌍 Relocation
A parent moving with children requires 60 days’ written notice and, in some cases, court approval.

📑 Agreement Terms
Separation agreement terms can also be varied by consent or by court order on a material change.

Child Relocation After Separation New Ontario Rules

The Divorce Act changes in 2021 introduced specific rules for relocating with children. If you want to move with your children, you must:

Give the other parent written notice at least 60 days before the planned move
Provide details of the move — new location, contact information, and proposed parenting schedule

If the other parent objects in writing within 30 days, a court will decide whether the move is allowed, based entirely on the child’s best interests. Acting without proper notice can seriously hurt your position.

Your Motion to Change Questions

Can I vary child support on my own without a lawyer?

You can try but the calculations are complex, particularly where self-employment income or shared custody is involved. An error can cost you months of overpayment or underpayment. We recommend getting proper advice

How long does a motion to change take in Ontario?

A consensual variation can be finalised within weeks. A contested motion typically takes 3 to 12 months, depending on the issues and court availability. We move cases forward proactively.

What if my former spouse refuses to negotiate?

We file a formal motion to change and let the court determine the outcome. Our lawyers prepare a strong evidentiary record to support your position.

Has your life changed since your divorce? Let us review your options. Call Unified LLP at 416.787.7678 free consultation.