A custody or access order can be varied where there is a material change in circumstances that affect or is likely to affect the best interests of a child.
A spousal support order can be varied if there is a material change in circumstances of the parties which occurred after the making of the last support order.
Factors Considered in Variation of a Custody Order
Some of the factors considered in determining whether a material change in circumstances has occurred are as follows:
a) Problems with remarriage or common law relationship of custodial parent.
b) Custodial parent suffering from mental health problems which impacts on his/her parenting ability.
c) Misconduct of the custodial parent.
d) Custodial parent unable to provide proper care and guidance to the child.
e) Custodial parent moving to another jurisdiction.
f) Custodial parent putting own needs ahead of those of the child.
g) Custodial parent frequently changing residences.
h) Conflict between the parents.
i) Wishes and preferences of the child.
j) Material changes in the circumstances of the non-custodial parent.
Factors Considered in Variation of Access Order
The following factors are considered in making a determination as to whether an access order would be varied:
a) Failure of non-custodial parent to exercise access.
b) Access parent poses a risk to the child.
c) Change in residence of custodial or access parent.
d) Conflict between the parents.
e) Specify terms of access.
f) Wishes and preferences of the child.
g) Material change in circumstances of the custodial/access parent.
h) Misconduct of the access parent.
Factors Considered in variation of Child Support Order
If there is a material change that justifies the reduction/increase change or termination of support payable, a new court order must be obtained from the court that made the original order .
The court can change the original child support order only if there is a material change in circumstances e.g.:
If you need to change an existing access, child support or spousal support order please contact a Toronto Family Lawyer at 416) 972-0404 or toll free (855) 396-1207.
