What constitutes a material change in circumstances affecting the children?

Ontario, Canada


The following excerpt is from M.N. v. R.S.N., 2004 CanLII 6220 (ON SC):

There is no doubt the plan to move as a result of remarriage of one parent constitutes a material change in circumstances affecting the children. In accordance with the case law I must next consider what is in the best interest of the children, having regard to all the relevant circumstances relating to the children’s needs and the parties’ ability to satisfy them. The focus is not upon the parents’ interests or needs. See Gordon v. Goertz 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27.

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