What is the threshold test for a custody application?
Ontario, Canada
The following excerpt is from M.I. v. J.R., 2004 CanLII 52812 (ON SC):
The first-stage inquiry or the threshold test of the Gordon v. Goertz, supra, decision has no application to the facts of our case. The matter before me is not a variation application. In this matter there is no final existing order. The existing order relating to custody and access is an interim one granted on consent on an emergency motion. This trial is the first time that the question of custody of T.K.I.R. has been argued on its merits.
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