Can a material change in circumstances be considered in a custody application?
Ontario, Canada
The following excerpt is from Cozzi v. Smith, 2013 ONSC 3190 (CanLII):
Part of the discussion in Gordon v. Goertz was the issue of a material change in circumstances; the case confirms that there cannot be a change to the existing custody order without a material change in circumstances: see s. 29 of the Children’s Law Reform Act. Neither party in the present case seriously took issue as to whether a change in circumstances had taken place since the original order was made in 2004; since then, there have been job losses, retraining and relocation, a new partner for the Respondent and changes in the occupants of both the Applicant’s and the Respondent’s respective households. In my review of the submissions, no issue is taken as to there being a material change in circumstances, and I so find.
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