What is the test for applying to vary a custody order?

Nova Scotia, Canada


The following excerpt is from A.D.P. v. T.E.W., 2005 NSFC 22 (CanLII):

18. With these distinctions in mind, of marginal consequence though they may be, one approaches the decision in Gordon v. Goertz. That case dealt with an application to vary the provisions of an existing custody order and thus some time was devoted to the threshold question of the need to determine that there has been or would be a “change of circumstances” and what might constitute a change in the order of magnitude as to warrant a renewed inquiry into the best interests of the child. As there had been no previous order prior to this proceeding having been commenced we do not need to concern ourselves with much of the first part of the analysis.

Other Questions


What is the test for making an order for an order to remove a child from the custody of his mother? (Nova Scotia, Canada)
What is the test for a judge to grant a temporary order to remove a parent from custody and place the child in the custody of the access parent? (Nova Scotia, Canada)
Can a tribunal order the payment of interest on a mortgage where the statute does not expressly authorize the order to do so? (Nova Scotia, Canada)
What are the consequences of breaches of a court order for joint custody of a child? (Nova Scotia, Canada)
What is the law the court must apply when considering retroactive child support orders? (Nova Scotia, Canada)
Are there any cases where a court has found that a husband who has been ordered to pay a fine under an equalization order is a post-bankruptcy debt? (Nova Scotia, Canada)
When will a court order joint custody? (Nova Scotia, Canada)
What is the test for a variation of an order where a party is seeking to change the existing order? (Nova Scotia, Canada)
When will a court order sole custody in a family law case? (Nova Scotia, Canada)
What is the impact of a recent decision in a family law case in which a husband has been ordered to pay his ex-wife’s life insurance in order to get a beneficial interest in his life insurance policy? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.