What is the test for a motion to vary access to a child by a third party?

Yukon, Canada


The following excerpt is from Beckley v. Lang, 2003 YKSC 73 (CanLII):

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].

Other Questions


Can a third party in possession of a police report be considered to be a party to a witness report? (Yukon, Canada)
How is access determined in the best interests of the child? (Yukon, Canada)
What is the legal principle of a motion requiring the immediate release of a child with special needs, and what is the test for this? (Yukon, Canada)
What is the role of a child advocate in a custody matter? (Yukon, Canada)
When will a court order joint custody and equal parenting time and residence with the child? (Yukon, Canada)
How is the threshold to apply s. 9 of the Child Support Guidelines calculated? (Yukon, Canada)
How has a law firm been found to be a party to a personal injury application? (Yukon, Canada)
When a party enters into a structure under a contract where the contract does not stipulate that it will be reasonably fit for the purpose for which it is intended, is the contract enforceable? (Yukon, Canada)
How much time a primary caregiver spends with each of the parties? (Yukon, Canada)
What is the test for establishing that a defendant has a presumption of prejudice against the applicants in a motion for summary judgment? (Yukon, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.