What is the test for a material change in circumstances affecting the children?
Ontario, Canada
The following excerpt is from Minogue v. Minogue, 1997 CanLII 16998 (ON SC):
[10] There can be no doubt that the threshold test of a material change in circumstances affecting the children has been met. The applicant’s move to Saskatchewan alone fulfils that requirement. It is therefore the duty of the court to embark on an enquiry to establish what is in the best interests of the children having regard to the relevant circumstances, the children’s needs, and the ability of each party to satisfy those needs. In making this enquiry, I propose to follow the check list set out in Gordon v. Goertz, as it provides a useful framework for the discussion.
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