What is the test for a material change in circumstances?
New Brunswick, Canada
The following excerpt is from TLMB v PJWB, 2011 NBQB 238 (CanLII):
Having decided the material change question and applying Gordon v. Goertz (supra), para 17: “… the court should consider the matter afresh without defaulting to the existing arrangement”. The fresh inquiry requires an analysis of the best interests of the child “by reference” to the material change in circumstances. (See also Gordon v. Goertz (supra), para 20.)
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