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Old 05-29-2017, 02:06 PM
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Originally Posted by stripes View Post
Really? I thought a material change was something which could not have reasonably been foreseen at the time the order was made (had it been foreseen, a different order would have been made). Given the long-term bickering between Mom and Dad in this instance, I think it would have been quite predictable that they wouldn't be able to agree on things. This is not something which unexpectedly came up that no one could have predicted, like Dad getting hit by a bus or Mom's house burning down. Has Mom suddenly become unreasonable since the order was written?

(See Changing Custody Orders | Ylaw Group for details)

I would be hesitant to argue that this is a material change. If not agreeing on a holiday schedule constitutes a material change, then every time divorced parents disagree, does it become a material change (because Dad wants to put the kids in hockey, because Mom wants to visit her new boyfriend over Christmas, because parents can't agree on S7 expenses, etc), and the idea of a significant material change becomes meaningless.
If an agreement or court order was made with clauses that rely on the parents to be reasonable and agree, I'd guess that they both came across to the judge as relatively reasonable and willing to work together. I think judges are optimistic, and want to believe what people tell them in court. Or they are na´ve, and assume everyone is being truthful.

"Yes, your honour, of course I'll discuss sharing holidays with Trinton. We'll work something out ourselves and be flexible to the child and the circumstances. You don't need to dictate a schedule for us."

So the material change is that it turns out that the mother is not reasonable, and uses the 'agree' clause to mean 'only if I want to, which I never will.' Her contrariness was unforeseen by the judge, and now it's clearly necessary to have holiday access be spelled out instead of relying on her 'agreement' because that will never happen.
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