When Can You Change Orders?

Parenting orders can be changed if:

Both parties agree (new consent orders)

There's been a significant change in circumstances

New information wasn't available before

Types of Changes

By Agreement

If both parents agree to changes:

1. Create a new parenting plan (not enforceable) 2. Apply for new consent orders (enforceable)

Without Agreement

If one parent doesn't agree: 1. Attempt FDR 2. Apply to court to vary orders

Significant Change in Circumstances

Examples

- Child's needs have changed (age, school, health)

Parent relocating

Safety concerns have arisen or been resolved

Work schedule changes affecting care

New partner/family composition

Child's wishes (as they mature)

What's NOT Enough

- General dissatisfaction with orders

Minor inconveniences

Wanting more time without specific reason

The Court Process

Step 1: FDR (Usually Required)

Unless exempt, attempt mediation first.

Step 2: File Application

Apply to vary existing orders using the appropriate form.

Step 3: Evidence

Provide evidence of:

What's changed

Why current orders don't work

What you're proposing

How it serves children's best interests

Step 4: Hearing

The court will consider whether variation is warranted.

Rice and Asplund Rule

Courts apply the principle that:

Finality is important for children

Orders shouldn't be changed lightly

There must be a significant change justifying revisiting the matter

Tips for Success

Document Changes

Keep records of:

When circumstances changed

Impact on children

Attempts to resolve informally

Focus on Children

Frame everything in terms of children's needs, not your preferences.

Try to Agree

Even if you can't agree on everything, narrow the issues.

Get Legal Advice

Especially if the other party opposes changes.

Changing Parenting Orders: When and How