What is the test for establishing sufficient grounds for variation of custody provision for a child in a custody application?
British Columbia, Canada
The following excerpt is from H.H.L. v. J.T.S., 2006 BCSC 1928 (CanLII):
The trial judge, in his analysis, acknowledged the authority of Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 and quoted extensively from the summary at para. 49 of Madam Justice McLachlin's decision in that case. Absent, however, was recognition that Gordon v. Goertz, supra, placed the obligation of establishing sufficient grounds for variation of an existing provision for custody, based on the changed circumstances of a proposed move, on the party challenging the move.
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