What is the test for obtaining a variation order in a custody matter?
Saskatchewan, Canada
The following excerpt is from Nieman v. Bull, 1999 SKQB 204 (CanLII):
An applicant for a variation order in cases such as this (sometimes referred to as “mobility rights cases”) must meet the threshold of demonstrating a material change in the circumstances affecting the child of the nature of those set out in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27. It is also trite law that in custody and access matters, the best interests of the child is the paramount consideration.
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