What is the analysis required to determine what is in J.'s best interest?
New Brunswick, Canada
The following excerpt is from J.D.(C.) v. R.C., 2013 NBQB 246 (CanLII):
I must now turn to the analysis required to determine what is in J.’s best interest. As set out in paragraph 13 of Gordon v. Goertz: 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.
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