I have been struggling on this concept for a bit. What exactly distinguishes a material change re: custody vs a material change re: access? What are some examples?
Is a change in a parent's lifestyle a material change for custody or access? i.e., change in work shift, work hours, type of work? If a parent is working as a stripper, escort, etc ?
Is a relevant passage of time change a custody change or access change, or both? I know there are cases where the custody order was changed because the order was wrapped around the child's tender age with no thought given on the child attending school as well as the sharing of the holidays, etc.
Really trying to understand how they are distinguished and how they can be the same. I know the case law is that once a material change is established, then the court is to embark on a fresh inquiry as to what is in the best interests of the child without giving the custodial parent the upper hand - or something to that extend. But I know that a material change can't be for both custody and access at other times. Very confused.
Is a change in a parent's lifestyle a material change for custody or access? i.e., change in work shift, work hours, type of work? If a parent is working as a stripper, escort, etc ?
Is a relevant passage of time change a custody change or access change, or both? I know there are cases where the custody order was changed because the order was wrapped around the child's tender age with no thought given on the child attending school as well as the sharing of the holidays, etc.
Really trying to understand how they are distinguished and how they can be the same. I know the case law is that once a material change is established, then the court is to embark on a fresh inquiry as to what is in the best interests of the child without giving the custodial parent the upper hand - or something to that extend. But I know that a material change can't be for both custody and access at other times. Very confused.
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