By Sean Schaefer
Parenting orders are designed to give children stability, predictability and support after a separation or divorce. But life rarely stands still. Parents change jobs, children grow older, financial realities shift and sometimes new concerns arise that affect a child’s well-being. When this happens, parents often wonder whether they can modify an existing parenting order — and if so, how.
In Alberta, parenting orders can be changed, but only when the circumstances justify it. Courts take these applications seriously because frequent changes can undermine the very stability the order was meant to provide. Understanding the legal test, the process and the evidence required can make a difficult situation far more manageable.
The Legal Basis for Changing a Parenting Order
Two laws govern parenting orders in Alberta:
- Divorce Act – applies to married parents
- Family Law Act – applies to unmarried parents or those resolving parenting issues outside a divorce action
Both statutes allow parenting orders to be varied only when there has been a “material change in circumstances.” This is known as the Gordon v. Goertz test, from a leading Supreme Court of Canada decision.
What is a “material change”?
A material change is a significant shift in circumstances that:
- Affects the child’s best interests, and
- Could not have been reasonably anticipated when the original order was made.
The change must be more than inconvenient or temporary. Parenting orders are not adjusted lightly.
Common Reasons Parents Seek Modification
Every family is unique, but Alberta courts often see modification requests arising from:
- A Parent’s Change in Work Schedule or Employment
Shift work, job loss, new hours or remote work transitions can affect parenting availability. - Relocation
Moves across the city may require schedule adjustments; moves outside Alberta can trigger full relocation applications governed by the Divorce Act. - A Child’s Evolving Needs
Children grow, develop and sometimes require different routines or support as they age. - Safety or Well-Being Concerns
Issues such as substance misuse, mental health challenges, family violence or new partners in the home can require adjustments to protect the child. - Changes in Parenting Capacity
Health issues, caregiving responsibilities or new family obligations can affect a parent’s ability to follow the existing order. - High-Conflict Issues or Breakdown in Communication
If a parenting order becomes unworkable, a more structured or parallel-parenting arrangement may be needed. - The Child Expresses a Mature and Independent Preference
Children cannot choose where to live, but their views matter when age and maturity support meaningful weight.
For more: Can children choose which parent to live with in Alberta?
The Test Applied by Alberta Courts
Courts follow a two-step approach when deciding whether to vary an order:
Step 1: Has there been a material change?
The court must be convinced that circumstances have shifted meaningfully. Examples include:
- A parent’s new job significantly affecting availability
- A child developing new educational or medical needs
- Substantial deterioration in cooperation between parents
- Concerns about safety or emotional well-being
- A parent’s proposed relocation
If the change is not material, the court will not proceed.
Step 2: What variation is in the child’s best interests?
If the threshold is met, the court must then make a decision that promotes the child’s well-being, guided by:
- The child’s physical and emotional safety
- Stability and continuity
- Existing relationships
- Each parent’s ability to meet the child’s needs
- Minimizing exposure to conflict
Changes are made cautiously, especially for younger children who rely heavily on routine.
How to Request a Modification
There are several routes for modifying a parenting order, starting with the least adversarial options.
1. Negotiate Directly With the Other Parent
Parents can sometimes resolve changes on their own through discussion, email or shared parenting apps. Clear communication is essential, but this approach works best in low-conflict situations.
If the agreement is long-term, it’s important to formalize it in writing — ideally through a lawyer — to avoid misunderstandings later.
2. Mediation or Collaborative Law
Alberta strongly encourages Alternative Dispute Resolution (ADR) before turning to court. Through mediation, a neutral third party helps parents negotiate changes. Collaborative law is another option where both parents work with specially trained lawyers to reach solutions without litigation.
These approaches often produce more durable agreements and reduce conflict.
For more: What is mediation and what are its benefits?
3. Filing a Formal Court Application
If negotiation fails, a parent may apply to vary the existing order. The process depends on whether the matter falls under the Divorce Act or Family Law Act, but generally includes:
- Filing an application with supporting affidavits
- Providing updated financial disclosure if relevant
- Providing evidence of the material change
- Attending a hearing or chambers application
Alberta courts may require participation in Parenting After Separation, case conferences, or Family Resolution Services before hearing the matter.
Evidence the Court Will Consider
Courts rely heavily on evidence, not assumptions. Useful information may include:
- School records
- Medical reports
- Counsellor or psychologist notes
- Police reports or protection orders (if relevant)
- Employment letters or shift schedules
- Emails or communication logs
- Parenting assessments
- Voice of the Child Reports
The stronger the evidence, the clearer the case for modification.
When Relocation Is Involved
Relocation is one of the most challenging types of parenting modifications. Under the Divorce Act, relocation rules (ss. 16.8–16.96) require:
- Formal notice
- Specific timelines
- A detailed explanation of why the move is proposed
- Consideration of the impact on parenting time
The court evaluates whether the move supports or undermines the child’s best interests. High-conflict relocation disputes often require mediation, assessments or trial.
Temporary vs. Permanent Changes
Sometimes changes are temporary — such as a parent recovering from surgery or holding a seasonal job. Courts may grant:
- Interim orders for short-term situations
- Review clauses that require the parties to revisit the arrangement after a set period
Permanent changes require more extensive evidence.
What If One Parent Violates the Parenting Order?
If a parent consistently refuses to follow the existing order, the court may:
- Enforce the order
- Issue make-up parenting time
- Impose fines or costs
- Require compliance programs
- Modify the order to reduce opportunities for conflict
However, courts distinguish between intentional non-compliance and genuine logistical difficulties.
The Role of Parenting Assessments
In high-conflict or complex cases, the court may order a parenting assessment conducted by a psychologist or social worker. Assessments help clarify:
- The child’s needs
- Parent-child relationships
- Communication issues
- Safety concerns
- Whether parallel parenting or structured arrangements are appropriate
Assessments are influential but not binding.
Should You Modify an Order Without Legal Advice?
While parents may agree informally to temporary adjustments, major changes should never be made without understanding the legal consequences. Unclear or verbal agreements often lead to conflict later, especially when:
- Parents disagree on what was agreed
- Circumstances change again
- One parent later seeks enforcement
A lawyer can ensure the changes comply with Alberta law and truly protect the child’s best interests.
How Demas Schaefer Family Lawyers Can Help
At Demas Schaefer Family Lawyers, we support Alberta families navigating the challenges of changing parenting arrangements. When circumstances shift, parents deserve clarity, stability and practical guidance rooted in the law.
We assist with:
- Identifying whether a material change exists
- Negotiating new parenting schedules
- Mediation and collaborative law
- Preparing and filing court variation applications
- High-conflict parenting disputes
- Parenting assessments and Voice of the Child Reports
- Modifying orders involving relocation or safety concerns
We offer a free 15-minute telephone or video consultation to discuss your situation and outline your options.
Contact us today for informed, compassionate support.