What is the test for a variation in a parenting order?
Yukon, Canada
The following excerpt is from J.A.C. v. V.R.C, 2008 YKSC 67 (CanLII):
I am cognizant of the law in this area. For a change to be sufficient to justify a variation, it must be one which has altered the ability of the parents to meet the children’s needs in a fundamental way. The court must also ask itself whether the previous order might have been different had the circumstances which now exist prevailed earlier, and whether or not those circumstances might have been foreseen or reasonably contemplated by the judge who made the previous order: Rew v. Rew, 2003 BCSC 18, para. 19.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a court order joint custody and equal parenting time and residence with the child? (Yukon, Canada)
What is the test to apply in cases where one parent wants to move to a new location with the child and the other parent opposes the move? (Yukon, Canada)
Is a husband who has failed to fully disclose his income and business income a subject to a special costs order? (Yukon, Canada)
Can a consent order be interpreted in the same way as a contract? (Yukon, Canada)
Can retroactivity be ordered back before the application date? (Yukon, Canada)
When will the court order an assessment of the finances of the accused in a Rowbotham application? (Yukon, Canada)
What is the test for obtaining an emergency intervention order? (Yukon, Canada)
When will a judge order severance in a personal injury action? (Yukon, Canada)
What is the test for a provisional order under section 17.1 of the Divorce Act, s. 18(2) and 17(17.1(1) to vary support? (Yukon, Canada)
How will income be imputed when a parent alleges that their child is suffering from a mental illness that is not related to unemployment? (Yukon, Canada)
