What is the test for varying access to a child?
Alberta, Canada
The following excerpt is from W.D.G. v. D.L.G., 2009 ABQB 340 (CanLII):
When varying an existing order the court uses a two part test: Wiegers v. Gray, 2008 SKCA 7, 291 D.L.R. (4th) 176. The first step is determining whether there has been a change in the conditions, means, needs or other circumstances of the child, with the party seeking the variation bearing the onus of demonstrating a material change that will adversely affect the needs of the child. Due to the changed circumstances and the breakdown of J.L.G.’s relationship with her father, both parents seem to agree that there must be a change in access to meet J.L.G.'s needs.
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