What is the test for establishing that a child has been found in breach of an interim order?
Newfoundland and Labrador, Canada
The following excerpt is from E.S. v. L.S., 2007 CanLII 24506 (NL PC):
The law to be applied at this “threshold stage” was summarized by Justice Handrigan in Gushue v. Whittle [2004] N.J. 446 at paragraph 19 as follows, “The applicant bears (1) the onus of proof, (2) to show on a balance of probabilities, (3) that there have been material changes (4) in the circumstances of the child (5) since the original order was made (6) that affect the interests of the child (7) and were not in the reasonable contemplation of the parties at the time of the original order.”
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