Can an application to vary custody be an indirect route of an appeal from the original order?
Ontario, Canada
The following excerpt is from Powers v. Powers, 2006 ONCJ 600 (CanLII):
[26] Gordon v. Goertz states that the requirement of a material change in the situation of a child means that an application to vary custody cannot serve as an indirect route of an appeal from the original custody order (paragraph [11]).
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