Does the need to demonstrate a material change in circumstances for a primary caregiver who may not formally be a custodial parent apply?

Ontario, Canada


The following excerpt is from Marrocco v. Marrocco, 2007 CanLII 44177 (ON SC):

This case is not a variation proceeding, so the need to demonstrate a material change in circumstances is not a threshold issue, nor are there earlier judicial findings that need to be considered or respected. Gordon v. Goertz, and many cases which followed emphasized that the views of the “custodial parent” are entitled to “great respect”. It is clear from other cases that in most instances, respect for the views of the “custodial parent” will be extended to a “primary caregiver” who may not formally be a custodial parent. However, the assumption that a primary caregiver is in the best position to understand and assess the child’s best interests, and make decisions based upon the child’s best interests, is open to challenge in any particular case, including this one.

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