What is the test for a change in circumstances under which a judge can order a separation order?
Ontario, Canada
The following excerpt is from E.O. v. O.E., 2019 ONCJ 921 (CanLII):
[41] In Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 SCR 27, the court held that the change in circumstances must not have been foreseen or reasonably contemplated by the judge who made the original order. The change must relate to the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child. Change is not enough. The change must have altered the child’s needs or ability of the parents to meet the child’s needs in a fundamental way. Further, the change should represent a distinct departure from what the court could have reasonably anticipated in making the previous order.
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