When will the court grant a variance of an interim order where the child's work requirements change?

Counsel for the father also referred to the case of Meadows v. Meadows, [1991] O.J. No. 2478, where the Ontario Court of Justice said: Normally once an interim order has been made on an issue, the court hesitates to make a variation unless it can be established by information filed that a material change has taken place since the time of previous order. … Often the parties have little choice but to come back to motions court to seek a variance of the previous interim order. Even so, this process should only be countenanced if the party seeking the variation can first demonstrate by affidavit or other material that a material change has taken place after the date of the previous order. … Obviously life does not stand still. Children grow older. Their needs change. The work requirements of those who exercise care change. The parties should not have to come back to court when each change takes place. One would expect that in most cases parents would exercise judgment and a degree of flexibility when required.

Finally, counsel for the father referred to Belisle v. Poole, [1994] O.J. No. 364, another decision of the Ontario Court of Justice. There, the mother had already agreed to change some of the access provisions in a divorce judgment, at the request of the father, but when the father subsequently sought to vary those access provisions, the mother opposed. She contended that there had been no material change in circumstances. The court commented at para 4 of the report: Notwithstanding her consent to the variations referred to, the [mother] argues that there has been no “change in the condition, means, needs or other circumstances” which warrants the further variation which is being sought. In my view, this is a contradiction. The appropriateness of making certain amendments was recognized by [the mother] and this was presumably on the basis of a material change of circumstances. It is not reasonable that the appropriate threshold has been met in order to permit some variation but not in relation to the more extensive relief which is been sought by [the father].