What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis?
British Columbia, Canada
The following excerpt is from C.(E.E.) v. C.(M.A.), 2006 BCSC 958 (CanLII):
The parties have proceeded in this application on the basis that the outcome will be determined on the application of the principles in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27. The court must be satisfied of: (1) a change in the condition, means, needs or circumstances of the child or in the ability of the parents to meet the needs of the child, (2) which materially affects the child, and (3) which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.
The mother’s intention to relocate with the children would, on an application of the reasoning in Gordon v. Goertz, satisfy the threshold requirement of demonstrating a material change in circumstances affecting the children since the date that the access order was made.
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