A motion to change is a procedure you use to ask a judge to change a final court order. To bring a motion to change before the court, there must be a material change in circumstances since the last court order.
In Gordon v. Goertz, the Supreme Court of Canada outlined three keys factors that need to be present to establish a material change in circumstance:
- A change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet those needs;
- The change must materially affect the child; and
- The change was either not foreseen or could not have been contemplated by the judge who made the initial order.
Examples of a material change that would qualify for a variation in child support may arise in the following circumstance:
- A parent develops substance abuse.
- A parent relocates with the child.
- A parent become mentally or physically disabled.
- A parent experiences a job loss, retirement or a significant increase or decrease in income.
- A parent decides to remarry.
If your claim meets the requirements listed above, your counsel will file the Motion of Change Form (Form 15) that provides information about your existing arrangement and the changes you are requesting to make. If the circumstances involve modifications to decision-making and parenting time, an affidavit (Form 35.1) must be filed with the court. If the changes are regarding child support or spousal support, a financial statement (Form 13) must be filed with the court to recalculate the current Table Amount.
Once the forms are filed, the opposing party has 30 days to respond. If the responding party fails to meet this deadline, they will have no further right in the case. If there are valid reasons why the responding party requires more time to file their materials, they can file a Motion Form (Form 14B). If the responding party agrees with the changes made, a Consent Motion to Change Form (Form 15C) is completed. If the responding does not agree with the changes proposed by the Applicant, their Affidavits, and a Response to the Motion of Change Form (Form 15B) must be completed and filed by the courts.
Managing deadlines and meeting the high threshold for a motion to change can be daunting. However, the family law team at Blackburn Lawyers strives to provide efficient and effective services to ensure the best interests of your family. If you and/or a loved one has any questions about initiating or responding to a motion of change application, contact our lawyers today.
Disclaimer: This blog sets out a variety of information relating to law that is to be used for educational purposes and is not legal advice for your matter. The author does not intend for this blog to be a source of legal advice.
Written by Adriana Totera
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
