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
The following excerpt is from F.S. v. T.W.S., 2019 YKSC 27 (CanLII):
The second legal principle is whether there has been a material change in circumstances. Has there been a change in the condition, means, needs or circumstances of the child or in the ability of the parents to meet the needs of a child, which materially affects the child, and which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order? (Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27.)
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