Is there a material change in circumstances affecting the child under a custody or access order?
British Columbia, Canada
The following excerpt is from T.Z.W. v. M.E.W., 2005 BCSC 1156 (CanLII):
The defendant says that there has been a material change in circumstances affecting the Child as required by Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, 19 R.F.L. (4th) 177 at 201 in order to vary a custody or access order. The defendant says that the material change is that she remarried, her husband lives and works in K.[…] and that she has a job in K.[…]. I am satisfied that those are material changes. Her marriage and the move to K.[…] to be with her husband will certainly affect the Child and that is a change that could not have been reasonably contemplated at the time the last order was made.
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