1. Figure out if there has been a significant change
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Family Law - Decision-making and time with children
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How do I bring a motion to change a court order about parenting arrangements?updated
1. Figure out if there has been a significant change
Look to see if you or your partner's situation has changed.
If you have to go to court, the court will only make an order changing your decision-making responsibility and parenting time arrangement if there has been a significant change.
Decision-making responsibility and parenting time used to be called custody and access.
You have to show the judge:
- There has been a change that affects your child or the ability of you and your partner to meet the needs of your child.
- The change must greatly affect your child.
- The change is something that could not have been predicted at the time the original order was made.
Some examples may include:
- The conflict between the parents has got worse over time.
- The parent with decision-making responsibility is always making it difficult for the parent with parenting time to spend time with the child.
- The child's new school schedule conflicts with parenting time.
If you cannot prove a significant change in your or your partner's situation, the court will not make the change.
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Ministry of the Attorney General
Reviewed: March 1, 2021