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In Ontario family law, decision-making responsibility and parenting time have replaced the terms custody and access, respectively. These changes were made to better reflect the focus on the child’s well-being and the active role both parents can play in a child's life. If you're seeking to modify an existing decision-making responsibility or parenting time order, understanding how to navigate the process is key.
Whether your situation has changed due to a parent's relocation, a child’s evolving needs, or other factors, modifying a decision-making responsibility or parenting time arrangement may be necessary to reflect these changes.
What Is Decision-Making Responsibility and Parenting Time?
Before we dive into how to modify these orders, it's important to understand the updated terminology:
Decision-Making Responsibility: This refers to the legal right to make significant decisions for a child, including decisions regarding health care, education, religion, and other important aspects of a child’s life. In the past, this was commonly known as custody.
Parenting Time: This refers to the time a parent spends with the child. It includes visits, overnight stays, and extended time periods. Previously, this was known as access.
Both decision-making responsibility and parenting time can be defined by a court order or a separation agreement.
When Can You Modify Decision-Making Responsibility and Parenting Time Orders in Ontario?
There are several reasons why you might want to modify an existing decision-making responsibility or parenting time order:
Changes in Parental Circumstances: A parent’s life situation—such as a job change, relocation, remarriage, or health issues—could impact their ability to uphold the existing arrangements, prompting a request for modification.
Changes in the Child’s Needs: As children grow and their needs evolve, what was in their best interest at the time of the initial order may no longer apply. For example, if the child has special needs or preferences that require more attention from one parent, a modification may be necessary.
Parenting Time Violations: If the other parent isn’t adhering to the parenting time schedule or is interfering with your access to the child, a modification request may be in order to ensure consistency and protect the child’s well-being.
How to Modify Decision-Making Responsibility and Parenting Time Orders in Ontario
If you wish to modify an existing decision-making responsibility or parenting time order, here are the steps to follow:
1. Assess the Need for Modification
The first step is to assess whether the proposed change is in the best interests of the child. Ontario courts prioritize the child’s well-being when making decisions about decision-making responsibility and parenting time. The court will look at factors such as the child’s emotional and physical needs, their relationship with both parents, and the stability of each parent’s home environment.
2. Attempt Mediation or Negotiation
Before you go to court, it's highly recommended to try family mediation or negotiation. Ontario courts prefer that parents work out changes to decision-making responsibility and parenting time without the need for a court trial. If both parents can agree on the proposed changes, you can submit a Consent Motion to formalize the agreement.
Mediation can be an effective and less costly way to reach an agreement while reducing the emotional stress of a formal court hearing.
3. File a Motion in Court for Modification
If mediation or negotiation does not lead to an agreement, you can file a motion in court to request a modification of the existing order. A motion is a formal request to the court that outlines why you believe the current arrangement is no longer in the best interests of the child and why the change is necessary.
4. Prepare Your Supporting Documents
You will need to provide the court with supporting documents to justify your request for modification. These documents may include:
Affidavit: A sworn statement explaining the reasons you’re requesting a change and the supporting evidence.
Evidence: This could include medical records, school reports, or any other documentation that supports your claim. For example, if you are asking for more parenting time due to a child’s health condition, a doctor’s note might be necessary.
Parenting Plan (if applicable): If you’re seeking a change in the parenting schedule, having a proposed plan for decision-making responsibility and parenting time is helpful. This shows that you are prepared and thoughtful about how the modification will affect the child’s life.
5. Attend the Court Hearing
After filing your motion, a court hearing will be scheduled. At the hearing, both parents can present their case to the judge. The judge will review all evidence, listen to the arguments, and make a decision based on what is in the best interests of the child.
It’s highly advisable to work with an experienced family lawyer in Toronto during this process. A lawyer will help you prepare your case, guide you on the proper steps to take, and ensure that all legal formalities are met.
Factors the Court Will Consider in Modifying Decision-Making Responsibility and Parenting Time Orders
When deciding whether to modify decision-making responsibility and parenting time orders, Ontario courts evaluate various factors to determine what’s best for the child. These include:
The Child’s Needs and Preferences: As children grow older, they may have their own preferences about where they live or how much time they spend with each parent. Courts may consider the child’s wishes, especially if they are mature enough to express them.
The Ability of Each Parent to Meet the Child’s Needs: Courts will assess whether each parent can provide a stable and nurturing environment for the child. This includes evaluating each parent’s physical, emotional, and financial resources.
The Relationship Between the Child and Each Parent: The quality of the relationship between the child and each parent will be closely considered. This includes emotional bonds and the consistency of care provided by both parents.
The Stability of Each Parent’s Home Environment: The stability of each parent’s home, including their living situation and overall ability to provide for the child’s needs, will be evaluated.
History of Abuse or Neglect: Any history of abuse, neglect, or domestic violence is a significant factor. If there’s concern about the child’s safety, the court will prioritize their protection.
Conclusion
Modifying decision-making responsibility or parenting time orders in Ontario is a process that requires careful thought and attention to the child’s best interests. Whether you're requesting a change due to parental circumstances, the child’s needs, or the failure of the other parent to adhere to the current order, it’s important to understand the legal steps involved.
By following the process outlined above and working with a skilled family lawyer in Toronto, you can navigate the modification process effectively. Always keep in mind that the best interests of the child are paramount in any decision made by the court.
If you're ready to explore the possibility of modifying your decision-making responsibility or parenting time arrangement, contact Jessica Luong to discuss your options and receive the legal assistance you need.
Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com
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