Change or end an openness agreement or order

An openness agreement or openness order can change or end as the child’s needs change.

Change an openness agreement

Anyone who is part of an openness agreement can ask to change or end the agreement. The other parties have to agree to the change.

Sometimes an openness agreement can say what process is used when people can’t agree on an issue in the future. For example, the parties might agree to use mediation if they can’t agree on an issue.

Change an openness order

An openness order continues until a court changes or ends it. If an openness order is made and the Children’s Aid Society (CAS) doesn’t finalize the child’s adoption, the order is still valid.

If the court has not made a final adoption order, only CAS and the people who plan to adopt the child can apply to the court to change or end the openness order.

After the child is adopted, the following people can apply to the court to change or end the openness order:

1. the adoptive parent
2. the adopted child, if the court allows them
3. the person who has contact under the openness order, if the court allows them

Test for changing an openness order

The person who asks the court to change the order must show that

• There’s been a material change in circumstances. This means the person must show that their situation or the child’s situation has changed so much that the order needs to be changed to deal with those changes.
• The change is in the best interests of the child.
• The change would continue a relationship that is beneficial and meaningful to the child.

If they prove these things, then the court may change the openness order.

For example, there may be a material change in circumstances if you move out of the country and can’t see your child in person twice a year as the openness order allows you to do. You might ask for a new order that allows you to stay in contact with the child by telephone.

Test for changing an openness order that maintains a connection to the First Nations, Inuk, or Métis community

If the openness order was to develop or maintain the child’s connection to their band or First Nations, Inuk, or Métis community, the test is different. 

The person who asks the court to change the order must show that

• There has been a material change in circumstances. This means the person must show that their situation or the child’s situation has changed so much that the order needs to be changed to deal with those changes.
• The change is in the best interests of the child.
• The change will help the child to develop or maintain a connection with their First Nations, Inuit, or Métis cultures, heritages, and traditions and to preserve the child’s identity and connection to community.

If they prove these things, then the court may change the openness order.