Circumstances over time may change resulting in a former spouse or partner seeking to vary their initial Court order or separation agreement. A prerequisite to seeking a modification is that a significant change since the making of the original order or agreement has occurred. Once that hurdle is met a determination must be made as to whether the change requested is justified.
Variations may be sought for many reasons:
Substantial changes in income
A parent may wish to re-locate a substantial distance away from the access parent or move out of province
The children may be older and the prior custody, access or support arrangements may no longer be suitable
Other circumstances may have arisen that affects the former spouses ability to pay support, parent or spend time with the children
New relationships of one or both of the former spouses may be a reason for variation
Get Help With Changing Your Court Order Or Agreement
Ms. Aloe offers a flat rate court form package for changing court orders or agreements
If you qualify for legal aid you could be issued a legal aid certificate to change your court order, a certificate for a separation agreement or mediation. To apply for legal aid call 1-800-668-8258.