What is the test for a variation of an order for a child with special needs?

Nova Scotia, Canada


The following excerpt is from P.S. v L.J., 2018 NSSC 78 (CanLII):

The change must be one to the child’s situation or to the ability of the parents to meet the child’s needs. The change must materially affect the child. The change must be one which was either not foreseen or could not have been reasonably contemplated by the judge who made the order sought to be varied: Gordon v. Goertz, 1996 CanLII 191 (SCC).

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