What is the test for a variation to the terms of a parenting order under s. 17(5) of the Divorce Act?
British Columbia, Canada
The following excerpt is from M.L.W. v C.M.W, 2017 BCSC 1613 (CanLII):
Under s. 17(5) of the Divorce Act, the court’s discretion to consider a variation to the terms of a parenting order is only engaged where there has been a “change in the condition, means, needs or other circumstances of the child of the marriage” since “the making of the order or the last variation order made” in respect of the child. The burden is on the applicant to satisfy the court that there has been a “material change” in circumstance that, if known at the time, could reasonably have resulted in a different order: Dedes v. Dedes, 2015 BCCA 194 at para.18-26.
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