What is the threshold requirement of material change in an application for variation of an order for access to a child?
British Columbia, Canada
The following excerpt is from Lundberg v. Lundberg, 2015 BCSC 1092 (CanLII):
The third branch of the threshold requirement of material change requires that the relocation of the custodial parent not have been within the reasonable contemplation of the judge who issued the previous order: Messier v. Delage, 1983 CanLII 31 (SCC), [1983] 2 S.C.R. 401. If a future move by the custodial parent was considered and not disallowed by the order sought to be varied, the access parent may be barred from bringing an application for variation on that ground alone. The same reasoning applies to a court-sanctioned separation agreement which contemplates a future move. In such cases, the application for variation amounts to an appeal of the original order.
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