What are the reasons for a finding of fact that no material change in circumstances had been proven?
Ontario, Canada
The following excerpt is from Mackereth (Henderson) v. Henderson, 2012 ONSC 5054 (CanLII):
In case there were any doubt that the trial judge was making an express finding of fact that no material change in circumstances had been proven, he said the following at pg. 9 of his reasons: It is not in the interests of the children that they continue to be exposed to the conflict the agreement has created. In essence, even though the father did not meet the third criterion in Gordon v. Goertz, best interests trumps his failure.
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