Ontario Custody and Parenting Time Variations
Changing Custody & Access and Parenting Arrangements
In order to change an existing custody or access arrangement (if your matter is governed by the Children’s Law Reform Act) or parenting time and decision-making arrangement (if your matter is governed by the Divorce Act), you must apply to the court to “vary” (change) the previous order. To succeed with a variation application, you must be able to prove to the court that there has been a change in the “circumstances of the child since the making of the order or the last variation order” (Divorce Act, s. 17(5) ).
While the Divorce Act permits an order to be varied, the threshold for establishing a material change, as set out in the case law, is a difficult one to meet. The particularly high threshold helps to ensure that parties may rely on orders made by the court, and to prevent the overburdening of the judicial system with immaterial claims.
However, parents may have pressing and legitimate reasons for wanting to change existing orders. For example, a parent may need to relocate to another region for the purposes of work or education, or the type of custody or parenting time agreed upon might no longer be a viable solution for the parties involved.
Canadian Case Law on Changing Custody, Access or Parenting Time
In Gordon v. Goertz, the Supreme Court of Canada stated that for the court to find that the material change threshold is met, the judge must be satisfied that there has been:
- A change in the condition, means, needs, or circumstances of the child or in the ability of the parents to meet the needs of the child,
- Which materially affects the child, and
- Which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.
This third part of the test, that the change was not foreseen or in the reasonable contemplation of the judge who made the initial order, is the most difficult aspect of the test to meet.
For example, a parent who wants to move to be with a new partner may try to argue that the relationship constitutes a material change, but the court may find that, if that relationship was in existence (even in a very preliminary stage) at the time of the original order, it does not represent a change.
See the Child Support Forms section for information on how to apply to vary a court order.
A Skilled Lawyer Can Guide You
The variation process is both time consuming and complex and may require legal expertise. An experienced lawyer can be a valuable resource if you are contemplating a variation to an existing order or agreement.
At Feldstein Family Law Group P.C., we can deliver a range of legal services tailored to your needs and budget. From complete representation to drafting or consulting services, we can help you approach a variation in custody, access or parenting time.
Contact our firm at (905) 581-7222 to arrange a free consultation and review of your case.

Meet Our Dedicated Team of Lawyers
Over a Century of Collective Experience-
Andrew Feldstein
Founder
Andrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
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Deleta Grandy
Lawyer
Deleta Grandy obtained her Bachelor of Arts in Legal Studies at the University of Ontario Institute of Technology in 2012, where she graduated with Honours. She completed her legal studies at Western Law School, graduating with a Juris Doctor in 2016.
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Jeff Hart
Lawyer
Jeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s.
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Daphna Schwartz
Lawyer
Location: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ... -
Nick Slinko
Lawyer
Location: Vaughan Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and ... -
Anna Troitschanski
Lawyer
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property. -
Veronica Yeung
Lawyer
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
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Shana Gordon-Katz
Lawyer
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.
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Shazia Hafiji
Lawyer
Shazia Hafiji joined Feldstein Family Law Group P.C. as a summer student in 2016 and returned as an articling student in 2017. Following her Call to the Ontario Bar in 2018, Shazia returned to the firm as an associate lawyer.
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Lucy D'Ercole
Lawyer
Lucy D’Ercole joined Feldstein Family Law Group P.C. as a summer student in 2017 and returned as an articling student in 2018, during which she gained valuable experience in all areas of family law. Following her call to the Ontario Bar in 2019, Lucy was welcomed back to the firm as an associate lawyer. -
Joy Pura
Lawyer
Joy Pura completed her legal studies and obtained a Juris Doctor at the University of Ottawa. Prior to that, she completed ...