When will the court grant a variance of an interim order where the child's work requirements change?

Yukon, Canada


The following excerpt is from Beckley v. Lang, 2003 YKSC 73 (CanLII):

Counsel for the father also referred to the case of Meadows v. Meadows, [1991] O.J. No. 2478, where the Ontario Court of Justice said: Normally once an interim order has been made on an issue, the court hesitates to make a variation unless it can be established by information filed that a material change has taken place since the time of previous order. … Often the parties have little choice but to come back to motions court to seek a variance of the previous interim order. Even so, this process should only be countenanced if the party seeking the variation can first demonstrate by affidavit or other material that a material change has taken place after the date of the previous order. … Obviously life does not stand still. Children grow older. Their needs change. The work requirements of those who exercise care change. The parties should not have to come back to court when each change takes place. One would expect that in most cases parents would exercise judgment and a degree of flexibility when required.

Finally, counsel for the father referred to Belisle v. Poole, [1994] O.J. No. 364, another decision of the Ontario Court of Justice. There, the mother had already agreed to change some of the access provisions in a divorce judgment, at the request of the father, but when the father subsequently sought to vary those access provisions, the mother opposed. She contended that there had been no material change in circumstances. The court commented at para 4 of the report: Notwithstanding her consent to the variations referred to, the [mother] argues that there has been no “change in the condition, means, needs or other circumstances” which warrants the further variation which is being sought. In my view, this is a contradiction. The appropriateness of making certain amendments was recognized by [the mother] and this was presumably on the basis of a material change of circumstances. It is not reasonable that the appropriate threshold has been met in order to permit some variation but not in relation to the more extensive relief which is been sought by [the father].

Other Questions


What is the test for a court to grant interim custody to a father who has been granted interim custody of his children by a judge? (Yukon, Canada)
When will a court order joint custody and equal parenting time and residence with the child? (Yukon, Canada)
What is the legal principle of a motion requiring the immediate release of a child with special needs, and what is the test for this? (Yukon, Canada)
What is the test for making a post-Guidelines order for child support? (Yukon, Canada)
When will the court order an assessment of the finances of the accused in a Rowbotham application? (Yukon, Canada)
What is the role of a child advocate in a custody matter? (Yukon, Canada)
How have the courts interpreted the principle of "reasonable diligence" in assessing the facts of a claim? (Yukon, Canada)
How has custody of a child been determined in a separation case? (Yukon, Canada)
How has the court considered the potential prejudicial effect of excluding or excluding evidence of abuse in a sexual assault case? (Yukon, Canada)
How is access determined in the best interests of the child? (Yukon, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.