What is the test for varied custody of a child?
British Columbia, Canada
The following excerpt is from Gilmaine v. Gilmaine, 1999 CanLII 6348 (BC SC):
Before an order for custody can be varied, the court must be satisfied that there has been a material change in circumstances - namely, that there has been a change that has altered the child's needs and the ability of the parents to meet those needs in a fundamental way. Specifically, the court must be satisfied that there has been 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; that that change materially affects the child; and that that change was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order, see: Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 5 W.W.R. 457 (S.C.C.).
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