Yes, a child relocation order can be modified in Ontario, Canada. This is typically done through a process known as a “Motion to Change”. A Motion to Change is a formal request to the court to change certain terms of an existing order or agreement.

The party seeking the change must demonstrate that there has been a material change in circumstances since the original order or agreement was made. A material change in circumstances means that there has been a significant change that, if known at the time, would likely have resulted in different terms in the order or agreement.

In the context of child relocation, a material change in circumstances could include things like a change in the child’s needs or circumstances, a change in the relocating parent’s circumstances, or evidence that the original order or agreement is no longer in the best interests of the child.

The court will always consider the best interests of the child when deciding whether to grant a Motion to Change. This includes considering the child’s views and preferences, if they can reasonably be ascertained, the child’s physical, emotional and psychological safety, security and well-being, and the willingness of each person applying for custody of the child to facilitate contact with the other parent.

Resources