What is what will amount to a material change in the context of a separation order?

Ontario, Canada


The following excerpt is from Shirley v. Campbell, 2018 ONCJ 871 (CanLII):

At ¶ 10-16 of Gordon v. Goertz, McLaughlin J. defined what will amount to a material change. She wrote, “[c]hange alone is not enough; the change must have altered the child’s needs of the ability of the parents to meet those needs in a fundamental way”… and “[t]he question is whether the previous order might have been different had the circumstances now existing prevailed earlier”. And, “…the change should represent a distinct departure from what the court could reasonably have anticipated in making the previous order.”

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