What is the threshold for a variation of a custody or access order?
British Columbia, Canada
The following excerpt is from C.J.G. v. R.C.G., 2007 BCSC 161 (CanLII):
The plaintiff has agreed that the threshold, that there be a material change in circumstances before a variation of a custody or access order can occur, has been met in this case by T’s change of residence to his father’s home. According to Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 at para. 49, the inquiry is now into the best interests of the children, having regard to all of the relevant circumstances relating to the children’s needs and the ability of the respective parents to satisfy them. It is not a question of parental rights. The statutory factors must be considered.
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