Material Change in Circumstances: Modifying a Final Parenting Order in Alberta
When a final parenting order is issued by the court in Alberta, it is intended to provide stability for children and parents. However, life circumstances can change, and what worked at the time of the original order may no longer be in the child’s best interests. If you believe a significant change warrants a modification to your parenting order, you must demonstrate a “material change in circumstances” to the court.
At OP Lawyers LLP, our experienced family lawyers in Calgary can help you assess whether your situation meets the legal threshold for modifying a parenting order and guide you through the process.
What Constitutes a Material Change in Circumstances?
Under the Divorce Act, prior to any changes to a final parenting order, a court must assess a material change in circumstances under Section 17(5) and it shall not vary an order absence of a change in the “conditions, means, needs or other circumstances of the child”. If the Applicant is unable to demonstrate a material change, there will be no further inquiry with respect to same.
As per the leadings Supreme Court of Canada case Gordon v. Goertz, before considering merits of an application, the court must assess:
(1) a change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child;
(2) which materially affects the child; and
(3) which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.
The courts are clear that this argument should not be used as a backdoor to an appeal; rather, it will have to be a change that has taken place since the original order was granted.
In deciding a variation application, the court must weigh both the original judge’s factual findings and new evidence of changed circumstances to determine the custody arrangement that best serves the child’s interests
Common Examples of Material Changes
- Relocation – One parent moving a considerable distance away, disrupting the existing parenting schedule.
- Changes in a Parent’s Living Situation – Job loss, new relationships, or unsafe living conditions.
- Child’s Needs Have Evolved – Medical, educational, or emotional needs that require adjustments to custody or access.
- Parental Alienation or Abuse – Evidence of one parent undermining the child’s relationship with the other or exposing them to harm.
- Significant Changes in Parental Availability – Such as a parent working drastically different hours or developing a health issue.
How to Request a Change to a Parenting Order
If you believe a material change has occurred, you can apply to the court to vary (modify) the existing parenting order. The process typically involves:
- Consulting a Family Lawyer – An experienced lawyer can assess whether your situation meets the legal threshold.
- Negotiation or Mediation – If possible, parents can attempt to reach an agreement outside of court.
- Filing an Application in Court – If an agreement isn’t possible, you may need to file a Variation Application with the Alberta Courts.
- Presenting Evidence – You must demonstrate how the change affects the child’s best interests.
How OP Lawyers LLP Can Help
At OP Lawyers LLP, our Calgary family lawyers assist clients in navigating parenting order modifications by:
Evaluating Whether Your Situation Qualifies – We assess if the change is substantial enough to warrant court intervention.
Negotiating Out-of-Court Solutions – We help mediate disputes to avoid lengthy litigation when possible.
Preparing a Strong Court Application – If court is necessary, we gather evidence (affidavits, expert reports, etc.) to support your case.
Advocating for Your Child’s Best Interests – We ensure the court focuses on what is best for your child’s stability and well-being.
Need to Modify a Parenting Order in Calgary? Contact Us Today
If your circumstances have changed significantly and you believe your parenting order should be updated, OP Lawyers LLP can help. Our skilled Calgary family lawyers provide compassionate and strategic legal guidance to protect your rights and your child’s future.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified family lawyer at OP Lawyers LLP or another legal professional.