How do I bring a motion to change a court order about parenting arrangements?
4. Get your partner’s response
Your partner has 30 days (or 60 days if they live outside of Canada or the United States) to fill out, , and their response. If they don’t respond, the court may make an order based on your documents alone.
Your partner agrees with you
They fill out a Form 15C: Consent Motion to Change.
To get a , you need to fill out and file with the court:
- Form 15C: Consent Motion to Change which sets out the new terms you and your partner agree to. You and your partner have to sign the form in front of a . You cannot witness each other’s signatures. Attach a copy of your existing order or agreement.
- Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), with information about your family situation and your suggested .
- Form 14B: Motion Form, where you can write “I am asking the court to change in accordance with Form 15C, dated _________, which is filed with the court with this form.”
- Form 25: Draft Order, where you write the orders you want the court to make. Be specific about which terms of the existing order you’re asking to change.
And if you’re also agreeing to change support, you may each have to fill out a Form 13: Financial Statement and Form 13A: Certificate of Financial Disclosure unless you both agree not to. But, you and your partner may need to provide proof of income in some circumstances.
You can now file most family law forms and supporting documents online, including a motion to change. For more information on how to file online, read the question How do I file court forms for my family law case online?
If you can’t use the online service or if you don’t want to file your forms or documents online, you can file them in person at the court.
The gives your forms to a judge to sign the consent order. In most cases, you do not have to see a judge unless they need more information.
If your partner doesn’t agree with you
They fill out:
- Form 15B: Response to Motion to Change, where they tell the court why they don’t agree with you or ask the court to make additional or different changes.
- Updated table of contents, that lists the documents they are adding to the continuing record.
If you’re also asking for a change to support, your partner may also fill out: