What is the test for a judge to determine whether a child has been released from custody under a different custody arrangement?
British Columbia, Canada
The following excerpt is from Lafrance v. Lafrance, 1996 CanLII 2799 (BC SC):
16 As I understand the law as expressed in Gordon v. Goertz, once the threshold condition of the material change in circumstance is satisfied (as it is here), the court should consider the question of custody afresh without defaulting to the existing arrangement (McLachlin J. at p. 470).
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