What is the test for variation in a child protection application?
Prince Edward Island, Canada
The following excerpt is from S.N. v. S.D., 2013 PECA 5 (CanLII):
Upon the judge concluding that a material change in circumstances has occurred, it is then necessary to make a fresh inquiry into what is in the best interests of the child, having regard to all the relevant circumstances. While the initial order is presumed to have been correct when it was made, the judge on the variation application must consider the matter anew in the circumstances that presently exist. (Gordon v. Goertz, at para. 17).
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