What is the test for a change in a parent's position in a family law case?
Ontario, Canada
The following excerpt is from CLD v VL, 1991 CanLII 6975 (ON CJ):
[21] At page 334 [R.F.L.] of Crawford v. Crawford, Justice George J. Mullally stated as follows: Based on these decisions, in any application to vary, the court must start with the proposition that the original order is a correct one and is based on a consideration of the best interests of the child. The one who seeks to vary . . . must show changes in circumstances which would materially affect adversely the best interests of the child.
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