What is the test for a variation in a custody and access order?
Alberta, Canada
The following excerpt is from D.L.P. v. J.R.C., 2002 ABQB 964 (CanLII):
The parties agree that the principals in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 govern an application to vary an order relating to custody and access. There are two stages to the variation inquiry. The party seeking variation must show a material change in the situation of the child. If this is done, the judge must enter into a consideration of the merits and make the order that best reflects the interests of the child in the new circumstances. Material Change in the Situation of the Children
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