What is the current state of the law in Canada on a variation application?
British Columbia, Canada
The following excerpt is from Hayunga v. Haukedal, 2001 BCSC 1233 (CanLII):
The leading case on this issue is Gordon v. Goertz 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, 19 R.F.L. (4th) 177. Gordon v. Goertz makes it clear that the focus of the court is the child’s best interests and not the parents’. On a variation application, as we have here, both parents bear an evidentiary burden in establishing the best interests of the children. In Gordon v. Goertz the notion of a presumption in favour of the custodial parent was rejected although the views of the custodial parent were entitled to “great respect”, “great weight” and “serious consideration”.
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