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How do I change custody, access, and parenting arrangements in my agreement?

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How do I change custody, access, and parenting arrangements in my agreement?
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of the Attorney General
Ministry of the Attorney General

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How do I change custody, access, and parenting arrangements in my agreement?
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Reviewed: 
July 15, 2019
Answer

You or your partner may want or need to change your parenting plan or separation agreement because of changes to your situation. For example:

It can be difficult to get along with your partner. Small issues can build up and make you want to change your separation agreement. Think carefully about what issues you want to take to court.

For example, it's best not to go to court for things like who has to wash your child's clothes after access visits or because your partner isn't always on time. Try to find another way to resolve these issues that can save you time and money.

You should first see what your separation agreement says you have to do if one of you wants to change it. For example, it might say that you have to try mediation before going to court. Even if your agreement doesn't say this, you might want to try an alternative dispute resolution process before going to court.

Agreements about custody, access, and parenting can't be changed by a court. But, if you and your partner can't agree on how to change it, you can start a family law court case to have a judge make decisions about custody, access, and parenting arrangements.

The judge looks at your agreement and the best interests of the child test to make decisions about your child.

You have to follow your agreement, until it is changed.

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