What is the test for age of 16 to be considered material change?
Ontario, Canada
The following excerpt is from Duffus v. Walters, 2017 ONCJ 215 (CanLII):
The aging of a child does not necessarily constitute a material change in circumstances. The change must have altered the child’s needs or the ability of the parent to meet those needs. The last order is presumed to be correct. Wiegers v. Gray, 2008 Sask. 10 (CA).
In order to determine if the conditions for a variation exist, the change of circumstances must be material as opposed to trivial or insignificant. Hickey v. Hickey, 1999 CanLII 691 (S.C.C.), [1999] 2 S.C.R. 518.
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