In what circumstances will the court vary a final order of custody or access?
Manitoba, Canada
The following excerpt is from S.A.C. v. S.E.C., 2015 MBQB 61 (CanLII):
In this case, there is neither an existing final order of custody or access, nor a “final” formal agreement between the parties addressing custody or access of the children, though interim primary care and control has been enjoyed by the respondent. That is a feature distinguishing this case from Gordon v. Goertz where the proceeding involved an application to vary a final order, and obviates the court’s need to address the “threshold issue”.
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