What is the test for material change in a family law order?
British Columbia, Canada
The following excerpt is from Heisler v. Heisler, 2012 BCSC 753 (CanLII):
As set out in the Family Law Source Book, at 2.45: A change in circumstances must represent a clear and distinct departure from what the court knew of the circumstances or could reasonably have anticipated when making the order (Canning v. Fearn, 2000 BCC 362). A change in circumstances will not be material unless it was not foreseen or could not reasonably have been contemplated by the judge in making the original order (Dietrich v. Kujbida, 2004 BCSC 455).
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