Strategies for Successful Modification and Enforcement of Family Court Orders

Modifying Ontario Family Law Court Orders 

Life doesn’t stand still—circumstances evolve. Court orders regarding child custody, support, or visitation should reflect those changes. Whether you’re seeking to enforce an existing court order or modify one that no longer fits your situation, there is a way to find the best path to address your family’s needs.

At Anthony Family Law, we help you understand your options and rights under Ontario family law. Whether you’re trying to update a child support agreement due to job changes or enforce a parenting schedule that’s not respected, we’ll work with you to find the most effective solution.

What is a Family Court Order in Ontario?

Family court orders are legal frameworks that govern crucial aspects of your life. These orders are geared to provide structure, stability, and fairness. When situations shift, the original terms may need to change, too.

Common Types of Family Court Orders

• Parenting Orders: Specify who has decision-making responsibility and how parenting time is shared between parents.
• Child Support Orders: Set out the amount of financial support one parent must pay to help cover the costs of raising a child, based on the Child Support Guidelines.
• Spousal Support Orders: Determine whether one spouse must provide financial support to the other after separation, considering factors such as need, ability to pay, and length of the relationship.
• Property Division Orders: Deal with how property, including the matrimonial home, is divided under Ontario’s Family Law Act.
• Restraining Orders: Prohibit one party from contacting or approaching the other, often issued in situations involving harassment, threats, or family violence.
• Exclusive Possession Orders: Grant one spouse the legal right to stay in the matrimonial home, usually for the safety or stability of children.
• Support Variation Orders: Modify existing child or spousal support orders due to major changes in income, employment, or family needs.
• Temporary (Interim) Orders: Provide short-term arrangements while a family law case is ongoing, often used to manage urgent issues like child support or parenting time.
• Final Orders: Conclude a family law case and remain in effect unless changed by further agreement or court order.

When Can I Modify a Family Court Order?

In Ontario, the courts allow family court orders to be changed when there’s been a “material change” in circumstances. This means something significant has shifted since the original order was made—something that couldn’t have been predicted at the time and that affects the fairness or practicality of the order.

Common Reasons to Modify a Family Court Order

You may have grounds to request a modification if any of the following apply:

• Job loss or significant change in income: A decrease or increase in income may affect your ability to pay (or your need to receive) support.
• Relocation or a significant move: A parent moving or relocating to another city to another city or province can impact parenting time or decision-making arrangements.
• Changes in a child’s needs: Children’s needs may evolve, requiring a different parenting schedule or support structure.
• Remarriage or new relationships: A parent entering a new relationship may affect support obligations.
• Health issues: New health concerns affecting a parent or child can influence caregiving responsibilities or financial needs.
• Non-compliance with an existing order: If one party consistently fails to follow the order, the court may modify it to reflect the situation or enforce compliance.
• Parental alienation or safety concerns: If a child’s emotional well-being or safety is compromised, the court may intervene.

Mediation: Handling Modification Requests Outside of Court

Before going to court, mediation can be an effective way to resolve disputes. It allows both parties to negotiate a modification in a non-confrontational setting. Many courts encourage mediation as a first step in resolving family law issues. The family lawyers at Anthony Family Law can help you prepare and successfully navigate dispute resolution outside of court if both parties are willing to consider this option in Toronto, the GTA, or Windsor.

How to File for Modification of a Family Court Order in Ontario

Seeking to modify a family court order requires filing a motion. The formal document is called a Motion to Change (Form 15). This form outlines the changes you request and the reasons behind them.

A family law lawyer can guide you through the process by helping you with the required paperwork, such as the Affidavit in Support of Motion (Form 14A), which details the changes in circumstances since the original order. Our family law lawyers will work to ensure that all forms are completed correctly and submitted to minimize the risk of delays, denial, or complications.

Our lawyers will also help you with the required supporting documentation, such as proof of a change in income, medical records, or a new parenting plan, for a compelling case to help convince the court that your request should be granted.

How Can I Enforce a Family Court Order?

Life can be difficult when one party refuses to comply with a family court order. Ontario law provides several enforcement mechanisms to resolve these situations.

To successfully enforce a family court order, the first vital step is to document cases of non-compliance. Missed payments or a failure to adhere to visitation orders will require supporting evidence for enforcement actions to be initiated.

Family Court Order Enforcement

Once you’ve documented non-compliance, the next step is to take legal action to enforce the court order. The enforcement strategy depends on the type of order and what was violated. 

Enforcing a Child or Spousal Support Order

For child or spousal support, enforcement actions are handled through the Family Responsibility Office (FRO). This government agency enforces support orders and domestic contracts filed with the court. If payments are missed, the FRO can:

• Garnish wages or bank accounts
• Suspend driver’s licenses or passports
• Seize federal payments (like tax refunds or Employment Insurance)
• Place liens on property
• Report on the payor to the credit bureaus

The support order or agreement must be registered with them to use the FRO. A family lawyer in Ontario can help with this process or assist in re-registering a previously withdrawn file.

Enforcing a Parenting Time or Custody Order

The process is different for parenting time (formerly “access”) or custody issues. If the other party is not complying with a parenting order or agreement, you can file a motion to enforce the order under Rule 31 of the Family Law Rules. In some cases, you may need to bring a motion for contempt, but this is considered a more serious step and is typically reserved for repeated or willful disobedience of court orders.

Our Toronto family law lawyers can help you with enforcement actions, prepare the necessary documentation, and represent you in court.

Why Legal Help Matters When Modifying or Enforcing Family Court Orders

Trying to navigate the family court system alone can feel like walking into a confusing maze without a map. A family law lawyer makes a significant difference in whether your modification or enforcement is approved.

Ready to Modify or Enforce Your Family Court Order?

If you’re considering modifying or enforcing a family court order, don’t walk into the legal maze alone. Contact the experienced family law lawyers at Anthony Family Law. We’re here to provide you with the support, guidance, and legal expertise you need. Call us today at 647-933-2397 to discuss your case and start on the path to resolution.