Variation Proceedings
A Separation Agreement or Final Order can be varied (changed) on consent between the parties or by bringing a Motion to Change in Court.Depending on the issue subject to variation, the Family Law Act, Children’s Law Reform or the Divorce Act provides parties with the authority to seek a variation. Often, Motions to Change are brought for variations with respect to the following issues:
- Child and/or spousal support payments made at least six months ago;
- Decision making; and/or
- Parenting schedule.
The party who is seeking the change must establish that there has been a material change in circumstances since the Final Order was rendered or the Separation Agreement in Ontario was executed by the parties or that evidence not available at the Hearing or during negotiations has surfaced.
For instance, a material change in circumstances when a Motion to Change a spousal support Order is brought includes:
- Significant increase to the payor’s income;
- Termination of child support;
- Financial change in circumstances;
- Retirement;
- Remarriage; and/or
- Child starting post-secondary education.
Step-by-step process for filing a variation order
Determine if you have legal grounds for a variation
Your current circumstances should reflect that existing court orders are unfair or unworkable. Whether it is job loss, relocation, remarriage, or a change in a child’s needs, Ontario courts approve a variation only with substantial proof.
Gather supporting documents
If you’re requesting a change in spousal or child support, provide updated financial statements, proof of income changes, or employment termination letters. If the variation involves custody, provide medical records, school reports, or proof of a new living situation.
Complete and file a Motion to Vary
Failing to complete the paperwork correctly can lead to delays or rejection. Work with a family lawyer in Etobicoke to ensure appropriate court forms are filled and submitted as per Ontario family law.
Serve the documents to the other party
They have the right to respond and either agree or oppose the request. Before a court hearing, the judge may mandate a mediation to negotiate a fair solution. If no agreement is reached, the case will proceed to a hearing, where both parties provide supporting evidence to their arguments.
If the court grants your request, a new order will be issued, replacing the previous one. Each case eventually turns on its case-specific factors. Contact our family lawyers in Etobicoke for assistance in this regard.
