What is the test for a divorce application to vary custody/access?
Nova Scotia, Canada
The following excerpt is from Norman v. Jardine, 2017 NSSC 18 (CanLII):
Applications to vary custody/access are made under section 17 of the Divorce Act. Pursuant to Section 17(5) there must be a material change in circumstances of the child since the making of a custody order or last variation order. Once a material change in circumstance occurs, the court must preform a fresh inquiry as to the best interests of the child. Gordon v. Goertz 1996 CanLII 191 (SCC), [1996] 2 SCR 27.
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