Can Court Orders be Changed?

If you are a parent who is in a custody or visitation dispute with your child’s other parent, you probably have a lot of unanswered questions about court orders. Families who have never been down this difficult road before often find themselves confused by the legal system and the courts. During this scary time knowing the facts can really help. It is important to recognize that any court Order dealing with custody or access issues are not written in stone. Courts always have the ability to review any Order or Agreement dealing with custody and access issues to determine if the terms therein are in the best interests of the Child. They are malleable and can change depending on circumstances.

Court Orders Can Be Changed

Although Court Orders are effective for the foreseeable future after they are made, it is possible to change the terms of a Court Order. Just as children grow and their needs change, and the situation of parents can change, whether financial or otherwise, so can orders of the court. The courts realize that one set of arrangements at a certain point of time may not necessarily be applicable in the long term. Circumstances change over time and Court orders may need to be varied to address those circumstances. For example, a payor’s income may increase or decrease and the child or spousal support terms of an Order may need to be varied. Another example is that the times and dates for a non custodial parent to exercise access when a child is very young may not be appropriate when the Child gets older and, as a result, they should be varied. The law recognizes that custody, access and child support Orders are always subject to a material change in either the parties or the child’s circumstances.

Court Orders and Agreements

People go to court to obtain an Order when they are unable to reach an agreement with their former partners. They need a third party to make the decision. The Order will then be enforceable and set out the terms of custody/access or support. Parents will look to the Order to guide their actions. However, it is possible for parties to mutually agree to alter the Order if the Order is not longer relevant to their circumstances. Parties may mutually agree to vary the terms of support or the terms of custody/access notwithstanding the terms of the Order. If there is an agreement to change the terms of the Order, it is important to actually change the Order in writing and not simply rely on an “oral agreement”. You don’t want the other party to allege in the future that you did not comply with the Order. Court Orders are not recommendations. They are made to be followed by the parties and must be taken seriously. If you are in contempt of a court Order, it is possible for a court to penalize you by way of fines or otherwise.

When to Change an Order

In the same light that Orders should be taken seriously and obeyed, they also should not be changed whenever there is a slight change in circumstances of either the parties or the Child. If you believe that there are grounds for an Order to be changed, you should discuss the change in circumstances with your lawyer. A court will want to see that there has been a material change in circumstances prior to varying a parenting or support Order. Requesting frequent changes to a Court Orders will likely be seen by a Judge was wasting the courts time, being litigious (which may damage your credibility), and if there is no merit to your claim, you may be penalized in costs. Before making such a request of the court, be sure that you really want the Order changed and there are sufficient grounds to justify the Change in the Order.

Fine and Associates Toronto Family Lawyers are here to help take the confusion out of parenting and support issues and to obtain or vary Court Orders, if necessary. If you need help dealing with your child’s other parent, obtaining or varying a Court Order, consult our experienced firm. Our divorce/family lawyers have helped many parents through difficult family law issues and helped them obtain court Orders to meet their needs.

Related Information

• Family Law Process in Ontario
• Whether and How Temporary Consent Order Can be Varied
• Court Orders Without Prejudice