You have already gone through a long and difficult separation. You took the right steps to ensure your access rights and custody agreement was set out in a Separation Agreement or Court Order. Maybe you did not fully understand your rights at the time you negotiated your parenting terms, because you were emotionally drained or could not afford legal advice. Once you agreed to your parenting terms, even reluctantly, you continued to follow the terms of your parenting terms to ensure you were not violating them.
As time has gone by, you begin to realize that your parenting terms no longer reflect the needs of your child and yourself. Maybe you think that your child would benefit from being in your care an increased or equal amount of time. Maybe your circumstances have changed and now you are in a better position to have the child in your care for an increased amount of time. Maybe the other parent is placing the child in danger while in their care. You may believe that the other parent is not making decisions for the child based on what is in the child’s best interest. You are unsure what to do now, as you feel that the parenting terms do not reflect the best interest of the child, but you do not want to breach the terms of your Agreement/Order.
You know that you are no longer happy with the conditions of your parenting terms and you do not know what you can do to change it or what your rights are. You may also be concerned that the other parent will retaliate against you if you attempt to negotiate new parenting terms. You may even feel like you were experiencing a difficult time in your life and agreed to parenting terms you otherwise would not have, which are not in the best interest of the children.
You have decided that your parenting agreement needs to change.
Whether your parenting terms were decided by way of an Agreement or a Court Order, your matter will either proceed by way of an agreement between you and other parent outside of Court or by bringing the matter before the Court. Most (if not all) parents would prefer to alter their parenting terms outside of the Courtroom. For the most part, dealing with your matter outside of Court may lead to lowered costs and quicker results. Luckily, there are a number of methods and services outside the courtroom that can aid in successfully amending your parenting terms. Many parents will enlist the assistance of a mediator, a lawyer, a counsellor for the child and/or privately retaining the Office of the Children’s Lawyer to assist in negotiating and deciding what is in the child’s best interest. If your matter was originally agreed to by way of a Separation Agreement and the parents are able to agree to a change in the parenting terms, the parties may proceed by agreeing to an amended to their original Agreement. If the parenting terms are subject to a Court Order, the parties may simply submit Court forms indicating their consent to changing the Order.
There are many ways to avoid immediately placing your matter in the Court system in order to obtain a change in your parenting terms. Unfortunately, sometimes this is unavoidable and a parent requires Court intervention to ensure the needs of their child and their rights are protected.
Whether the other parent is or is not agreeable to changing your parenting terms, it is important that you have legal information to guarantee that you understand and protect your rights, as well as ensuring that the amended terms properly reflect what you are seeking.
If you require assistance changing or reviewing your Parenting Plan,
call Plaine Law at 226-884-5144 for a FREE CONSULTATION.
