What type of change is sufficient to change a custody order?

Ontario, Canada


The following excerpt is from Meitine v. Grigoryan, 2019 ONSC 7193 (CanLII):

To properly examine this, we must return to what McLachlan J. stated in Gordon v. Goertz about what type of change is sufficient to change a custody order. Among other factors, she stated that the change must be “either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.” For the change to be sufficient to support a motion to change, it must not have been foreseeable or not contemplated at the time of the order.

Other Questions


What is the test for a court to order a temporary order or custody order in a custody matter? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
Can a court vary a custody and access order where the child spends the preponderance of time resident with the custodial parent, with access to the non-custodial parent for a shorter time period? (Ontario, Canada)
Is a change in circumstances sufficient to change custody under s. 17 of the Divorce Act? (Ontario, Canada)
What is the test for a change in custody or access order? (Ontario, Canada)
In what circumstances will a judge enforce a custody order where the child's residence is not the subject of the custody agreement? (Ontario, Canada)
What is the test for changing the custody status quo on an interim custody motion? (Ontario, Canada)
Can a variation of an interim order be made in the context of a motion to change a final order? (Ontario, Canada)
What is the test for changing a temporary order without requiring a material change? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.