What is the test for material change in the context of variation of parenting and support orders?

British Columbia, Canada


The following excerpt is from R.E.Q. v. G.J.K., 2015 BCSC 1786 (CanLII):

The proper approach to the test for material change was recently considered in Dedes v. Dedes, 2015 BCCA 194, where Madam Justice Bennett carefully reviewed the jurisprudence regarding variations of custody and support orders. In the case itself, the parties had consented to an order in 2011 that provided for joint custody and an equal shared‑parenting regime. The consent order included a non‑removal clause, which prohibited the parties from changing the location of the children's residence. Prior to the order being made, the wife began a relationship with a man who resided in Ontario. Not long after the order was granted in late 2011, she moved her employment base as a flight attendant from Vancouver to Ontario, and began commuting to Vancouver for her parenting time. She married her new partner in 2013. Her application to vary the consent order to allow the children to move to Ontario was dismissed by the chambers judge on the grounds there was no material change of circumstances. He determined the changes to the wife's employment and her remarriage were known to her or reasonably foreseeable at the time of the consent order.

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