What is the test for a motion to vary a custody and access order where a child has enjoyed frequent and meaningful contact with the parent?
Saskatchewan, Canada
The following excerpt is from Hoet v. Samulak, 1999 CanLII 12531 (SK QB):
Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 at 45ff establishes as a threshold in any application to vary a custody or access order that the applicant demonstrate a material change in the circumstances affecting the child. Where a child has enjoyed frequent and meaningful contact with a parent, any relocation which seriously curtails that contact constitutes a material change in the circumstances of the child. That is precisely the situation at hand.
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