Commencing a Motion to Change: The Legal Test for Changes to Family Court Orders

Question: What factors must be demonstrated to successfully modify a final family law order?

Answer: To modify a final order, you must show a material change in circumstances that significantly affects the child's needs or the parents' ability to meet those needs, as established in Gordon v. Goertz, [2021 SCC 24]. Engaging a family law professional can help you navigate this complex process and increase your chances of achieving a favourable outcome.

Navigating Changes to Final Orders in Family Law: Understanding Motions to Change

Changes in life circumstances such as employment, relocation, or changes in the needs and best interests of a child often necessitate revisiting and potentially revising final orders in family law.  For many Canadian families, navigating the legal process to change these orders through a Motion to Change can be daunting.  Understanding the complexities and legal requirements is key to successfully modifying custody or support arrangements.  Engaging a family law professional can provide invaluable guidance through this challenging and complex process.

Modifications to family law orders typically arise from issues such as:

• Changes in Income: Either party's significant increase or decrease in earnings can impact child or spousal support amounts.
• Relocation: One party wishing to move with the child, significantly altering the existing custody and access arrangements.
• Changes in the Child’s Needs: As children grow, their needs evolve which may necessitate adjustments to the custody or support arrangements.

The Legal Test for Modifying Final Orders

To successfully alter a final order in family law, the party requesting the change must demonstrate a material change in circumstances since the order was made.  A landmark decision, Gordon v. Goertz, establishes the legal framework for this process.

At paragraph 13 of Gordon, the Supreme Court of Canada articulated the test for a material change in circumstances: “the judge on the motion to change must be satisfied…that a change in the condition, means, needs or circumstances of the child…and/or the ability of the parents to meet those needs, which materially affects the child, has occurred since the making of the order”. This emphasizes that the change must be significant and one that materially impacts the child.

How a Family Law Professional Can Assist

A family law professional can assist parties contemplating a Motion to Change by:

• Providing a comprehensive review of the current order and the specifics of the changed circumstances to evaluate the strength of a case for modification.
• Offering legal advice on the likelihood of success of a Motion to Change based on precedent and the unique facts of the case.
• Preparing and presenting the Motion to Change, including requisite evidence to support the claim of a material change in circumstances.
• Navigating negotiations or mediations to reach a new agreement that reflects the changed circumstances without the need for court intervention.

Seeking advice and support from a family law professional is crucial, especially in scenarios involving the well-being and best interests of children.  The nuanced understanding of legal standards, such as the test outlined in Gordon v. Goertz, and the procedural requirements can be pivotal in achieving a favorable outcome.

Conclusion

Adjusting to life's changes by altering final orders in family law requires a thorough understanding of legal standards, attention to the best interests of the child, and strategic legal action.  A family law professional can provide the necessary guidance and support through this process, ensuring that the new arrangements serve the best interests of the child while reflecting the new circumstances of the family.  This support is not only pivotal in addressing immediate legal needs but also in laying the groundwork for future stability and compliance with family law orders.