What is the test for finding a material change in the circumstances of a child under the Divorce Act?
New Brunswick, Canada
The following excerpt is from TLMB v PJWB, 2011 NBQB 238 (CanLII):
[9] In arriving at his conclusion, the chambers judge referred to the test enunciated in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, which outlines a two-step process for applications of this nature. Section 17(5) of the Divorce Act requires that a judge first find a material change in the child’s circumstances. It is only after such a determination that a judge must determine the best interests of the child.
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