The definition of what constitutes a material change in the circumstances of a child, so as to meet the threshold test in s. 17(5) of the Divorce Act, was established in Gordon v. Goertz 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, at paras. 12-13. I set out the relevant parts of those paragraphs: "12 What suffices to establish a material change in the circumstances of the child? Change alone is not enough; the change must have altered the child's needs or the ability of the parents to meet those needs in a fundamental way .... 13 It follows that before entering on the merits of an application to vary a custody order the judge must be satisfied of: (1) a change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child; (2) which materially affects the child; and (3) which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order."
"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.