What is the onus on a parent seeking to vary custody or access?
Ontario, Canada
The following excerpt is from Van de Hoef v. Lafond, 2018 ONSC 4440 (CanLII):
The onus on an application to vary custody or access is on the parent seeking the variation to establish that: 1. there has been a change in the condition, means, needs or circumstances of the child and/or in the ability of the parents to meet the child’s needs; 2. This change materially affected the child, and; 3. The change was unforeseen or could not have been reasonably anticipated by the court in making the original order. Gordon v. Goertz, 1996 CanLII 191 (SCC), 1996 2 S.C.R. 27 at paras. 49-50.
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