That next “step” is outlined in paragraphs 18 and 19 of Gordon v. Goertz[6] as follows: B) The Best Interests of the Child … The same principle holds true when an applicant is able to demonstrate a material change in circumstances in a custodial variation proceeding. In order to determine the child's best interest, the judge must consider how the change impacts on all aspects of the child's life. To put it another way, the material change places the original order in question; all factors relevant to that order fall to be considered in light of the new circumstances. 19. What principles should guide the judge on this fresh review of the situation? This inquiry takes us to the last clause of s. 17(5) of the Divorce Act:” … in making the variation order, the court shall take into consideration only the best interests of the child as determined by reference to that change". The amendments to the Divorce Act in 1986 (S.C. 1986, c. 4 (now R.S.C. 1985, c. 3 (2nd Supp.)) elevated the best interests of the child from a "paramount" consideration, to the "only" relevant issue.
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