What is the test to vary an interim order as to custody or access?
Ontario, Canada
The following excerpt is from Waxman v Waxman, 2016 ONSC 3237 (CanLII):
Thus, the party moving to vary a prior interim order as to custody or access must establish: 1. There has been a change in circumstances affecting the best interests of the child since the making of the prior order; and, 2. The best interests of the child require a change in the status quo having regard to the circumstances of the child including the factors in s. 24(2) of the CLRA: Ceho v. Ceho, supra, at paras. 90-91, 93 and 94. Put another way, there are compelling reasons that the order should be varied to meet the child’s best interests: Greve v. Brighton, supra, para. 24.
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