What constitutes a material change in circumstances for a judge to vary a custody order?
British Columbia, Canada
The following excerpt is from R-P T. v. D-P T., 2013 BCSC 732 (CanLII):
In Gordon v. Goertz at para. 13, McLachlin J., as she then was, for the majority, in describing what constituted a material change in circumstances, held: It follows that before entering on the merits of an application to vary a custody order the judge must be satisfied of: (1) a change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child; (2) which materially affects the child; and (3) which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.
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