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Motion to Change

A Motion to Change is a legal process that allows individuals to modify a previous court order or agreement. This process can be used for a variety of legal matters, including child custody, child support, spousal support, and property division. In Canada, a Motion to Change can be initiated in any province and the rules and procedures of law may differ slightly depending on the jurisdiction.

Initiating a Motion to Change

To initiate a Motion to Change, the first step is to file a Form 15: Motion to Changewith the court. This form outlines the existing order or agreement that the party wishes to change and the reasons for the requested change. The reasons must fall under one of three categories: a material change in circumstances, a mistake of fact, or a failure to consider certain factors at the time the order or agreement was made.

Once the Form 15 is filed, a court date will be set, and the other party will be served with a copy of the form and notified of the court date. The other party will then have an opportunity to file a response, Form 15A: Response to Motion to Change, which outlines their position on the requested changes. 

Appealing a court’s decision is an option available to divorce lawyer and their clients if they are not satisfied with the outcome of their case. This process can be complex and time-consuming.

Evidence and Disclosure

During the Family court hearing, family lawyers representing each party will have the opportunity to present evidence and arguments in support of their clients’ position. This may include the presentation of testimony from witnesses, documents, and any other evidence that supports their client’s position. The presiding judge will then make a decision based on the evidence and arguments presented during the hearing.

Factors Considered by the Court

The court will consider family law rules and a variety of factors when making a decision on a Motion to Change, including:

  • When it comes to matters involving children or property division, court’s primary consideration is the best interests of the child. 
  • In cases where a Motion to Change is being sought, the court will assess whether there has been a material change in circumstances since the previous order or agreement was made. This can include changes in income, employment, health, or any other significant changes that may impact the child’s welfare. 
  • Another crucial factor is that the court will take into account the financial circumstances of each party, including income, expenses, and any other relevant financial information. 
  • Furthermore, the prior conduct of each party may also be considered by the court when making a decision. In cases where there are allegations of abuse, neglect, or any other conduct that may be relevant to the requested changes.

Appealing a Decision

In the event that a client is not content with the decision handed down by the court, they may have the option to appeal the decision to a higher court. The rules and procedures for appealing a decision may vary depending on the jurisdiction and the type of decision being appealed.

Divorce in Ontario require information about the nuances of divorce law in the province, including the use of flat fees for certain services. An uncontested divorce can be a simpler and more cost-effective option for couples seeking to end their marriage amicably. 

If a client is dissatisfied with a court’s ruling regarding child support, divorce lawyers should be prepared to discuss the option of an appeal with their client and provide guidance on how to proceed.

Motion to Change is a legal process that allows individuals to modify a previous court order or agreement. It is important to understand the rules and procedures associated with a Motion to Change so that your rights and interests are protected. By providing full and frank disclosure of all relevant information and presenting compelling evidence and arguments, you can increase your chances of success.

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