What is the test to vary a custody order?

Gordon v. Goertz, 1996 CanLII 191 (SCC), 1996 CarswellSask 199 (S.C.C.) remains binding jurisprudence in variation of custody cases. To vary a custody order there must first be a material change in circumstances so that the application “… cannot serve as an indirect route of appeal from the original custody order” (see para 11 Gordon v. Goertz). The question as posed in Gordon v. Goertz states: “What suffices to establish a material change in circumstances of the child?” (See para 12.) The answer is “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” (para 11 Gordon v. Goertz).