What are the requirements for a material change in circumstances under a parenting plan?

The second prerequisite is not as clear cut. The most recent amendments to the parenting plan in March 2005 were designed to take account of the plaintiff’s move to British Columbia and the need for the children to have a different access schedule with their father who remained in Oregon. Thus the move to British Columbia cannot be regarded as a material change in circumstances: Rasaiah v. Rose 2004 BCCA 250.

The remaining changes argued by the plaintiff concern the children’s new school year end date and their increasing desire to become involved in summer programs and activities that conflict with the current access schedule. The question is whether these facts evidence a material change in circumstances that affects the children’s best interests. Although Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 concerned a variation of a custody order, the principles described at paras. 11-12 reflect generally the kind of changes the court must look for: