How To Modify Parenting Agreement Post-Divorce? 

A parenting agreement is made right after you and your spouse separate and meet conditions for the divorce. A lot changes during that one year and you may find the need to modify the agreement once divorce solidifies. Fortunately, Canadian family law allows modifications to parenting arrangements, but you need to follow specific steps. Let’s talk more. 

Grounds for Modification

No court will modify an agreement until it’s supported with proof that the changes will directly benefit your child(ren). Here are some valid reasons that Ontario courts accept: 

• Parent moving to a different city or province
• Changes in a child’s health or special needs
• Job loss or change in work schedule
• Issues like substance abuse or neglect affecting a child’s safety
• Your child expressing a preference for spending more or less time with a parent

Can I Make Changes to Support Payments Too?

Yes, you can request a change to child support payments along with parenting arrangement modifications. Support payments often connect to the time each parent spends with the child. If the parenting time shifts, the court will enforce an adjustment to child support payments. Make sure to ask for changes promptly because if you wait too long, courts might feel you’re trying to bypass the law. 

Steps to Take to Modify the Agreement

If both parents agree to the new arrangements, the process becomes relatively simple. You’ll have to create a written agreement, fill out forms, and submit them together to the court. If you and your ex-spouse can’t find a middle ground, you will have to take the following steps: 

1. Document the Change in Circumstances

Provide as much proof as you can to support the change. It could include medical reports, school records, or employment letters, depending on the situation.

2. Attempt to Negotiate with the Other Parent

There’s always a possibility that your co-parent might be open to negotiations. If they aren’t, ask them what’s causing the reluctance. Be ready to make compromises for a smoother process. It’ll save unnecessary legal costs and speed up the process. However, if they don’t, inform them of your next steps. 

3. Consult a Family Lawyer or Mediator

Look at mediation first. Mediators offer neutral guidance, which can help you de-escalate the situation and offer a safe space to discuss changes. If this fails, hire a lawyer that’ll present a strong case in court. 

4. File an Application with the Court (if Necessary)

When no agreement is reached, filing an application to modify the parenting agreement becomes the next step. Provide any evidence that you collected in the first step. 

5. Attend a Court Hearing

Be there on time, present yourself well, and be honest. The judge will take it into consideration while approving the requested changes.

6. Follow the New Agreement

Ontario courts try their best to approve changes quickly because they want children to undergo minimal stress. Amendments are enforceable from day one and must be followed. 

Do not make any changes without court approval, if you don’t have a healthy co-parenting relationship. 
Need help modifying your parenting agreement? Consult our family lawyers at Noori Law today.