When will the court consider a material change in circumstances in a custody matter?
British Columbia, Canada
The following excerpt is from Friedlander v. Claman, 2015 BCSC 2409 (CanLII):
At para. 81, Price J. referred to the decision of Corbett J. in De Melo v. Gooding, 2010 ONSC 2271: 81 As Corbett J. noted in De Melo, the threshold requirement for a material change in circumstances is not intended to condemn the parties to a lengthy process of dispute resolution that holds no reasonable prospect of enabling them to resolve their differences: This is not to encourage interminable court attendances, or unending participation in formal dispute resolution outside the court process. There comes a point at which the frequency and intensity of conflict may warrant a change in the overall custody and access regime, in an effort to reduce that conflict. In other words, the failure of the processes established by the parties may, itself, be a material change of circumstances, just as the apparent inability of the parties to work with a specific parenting coordinator could justify changing the coordinator in Litman v. Sherman. [Emphasis added by Price J.]
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