Is a change in circumstances sufficient to change custody under s. 17 of the Divorce Act?
Ontario, Canada
The following excerpt is from Meitine v. Grigoryan, 2019 ONSC 7193 (CanLII):
I do not find this to be a change in circumstances sufficient to warrant this motion to change. I return to the case law respecting the nature of a change in circumstances which would allow variation proceedings to change custody under s. 17 of the Divorce Act. McLachlan J. stated in Gordon v. Goertz that “the change must have altered the child's needs or the ability of the parents to meet those needs in a fundamental way”. In Roloson, Chappell J. suggested that the change must be “significant and long lasting”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining if a change in circumstances is sufficient to cause a variation in the amount of time required for a change of circumstance? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
What type of change is sufficient to change a custody order? (Ontario, Canada)
Is there a sufficient change in circumstances to change child support? (Ontario, Canada)
In what circumstances will a judge enforce a custody order where the child's residence is not the subject of the custody agreement? (Ontario, Canada)
Does a child's expressed wish to move from the custodial parent's home to the other parent’s home constitute a material change in circumstances? (Ontario, Canada)
What is the test for determining if there are conditions for variation in circumstances where a change in circumstances is material rather than insignificant? (Ontario, Canada)
What is the test for changing the custody status quo on an interim custody motion? (Ontario, Canada)
In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent? (Ontario, Canada)
In what circumstances must have changed since the original divorce order was issued in 2010? (Ontario, Canada)
