What is the test for a trial judge in a custodial variation proceeding?
Manitoba, Canada
The following excerpt is from M.D.M. v. C.M., 2005 MBQB 216 (CanLII):
[22] The following guide for trial judges was laid out in Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S. C. R. 670 at p. 735: “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.”
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