What is the test for changing a temporary order without requiring a material change?

The father is aware of the court’s general hesitation to vary temporary orders without a material change. He relies on Ceho v. Ceho, 2015 ONSC 5285, for the proposition that a material change is not necessary where the variation is in the child’s best interests. In particular, he relies on Ceho with respect to the fact that requiring proof of a material change in all circumstances would not promote the primary objective in the Family Law Rules (see para 85).

The father also relies on Musheyev v. Gilkarat, 2016 ONSC 4120 in which the court held that a court cannot draw an adverse inference against a party for having agreed to something on a without prejudice basis and that requiring proof of a material change may be such an adverse inference (see paras 19 and 20).