What is the test for a judge to vary a parenting order?
Nova Scotia, Canada
The following excerpt is from Spurvey v Milton, 2017 NSSC 366 (CanLII):
2. There are three requirements that must be satisfied before I can consider an application to vary a parenting order: Gordon v. Goertz, 1996 CanLII 191 (S.C.C.) at paragraph 13. The requirements are: (a) there must be a change in the child’s condition, means, needs or circumstances or the ability of the parents to meet the child’s needs; (b) the change must materially affect the child; and (c) the change was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.
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