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Old 02-01-2017, 09:57 PM
Ange71727 Ange71727 is offline
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Default Material change in circumstances

Looking for some more info or maybe a discussion about what exactly constitutes a material change in circumstances. The legal definition (or part of it at least) as far as I can find is:

(1) a change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child; (2) which materially affects the child; and (3) which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.

My question is: what are some examples that met the threshold requirements in current caselaw? It is worded as though it is a pretty difficult endeavour to prove; however I wonder how often a judge wants to hear it or or will accept less than a significant change to the child's life/routine/environment etc. I'd like to discuss cases where the applicant was either denied or granted an increase in access.
How hard is this to prove in court for those of you who know the current trends....

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Old 02-02-2017, 12:12 AM
trinton trinton is offline
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Thanks Ange.

I think some things that have come up are:

Is a new partner a material change? Why and why not, and in what circumstances?

Is an inability to communicate a material change?

What about conflict between the parents regarding access pickup /drop offs/ sharing of the holidays etc ?

Children developing adhd, depression, doing poorly in school, having low self esteem etc. ?

Children starting school but parents having no plans regarding the sharing of the holidays?

In this recent case I ran into, the material change was the mother's inability to cooperate with the parenting coordinator as was anticipated by the final order:

n my view this case is more similar to the case of Griffin v. Bootsma, [2004] O. J. No. 2781 (S.C.J.) where the parents’ chronic difficulties in resolving parenting issues were found to amount to a material change in circumstances. In the present case, the parents recognizing their inability to communicate and agree on what was best for Michael was, essentially, delegated this responsibility to the parenting coordinator. The parties could not have contemplated that, if the parenting coordinator’s process of mediation and arbitration couldn’t work, the custody and residency arrangements in the Order would, nevertheless, simply continue indefinitely.

I would be interested in hearing about self induced material changes, such as the custodial parent creating conflict, access parent creating conflict, etc.
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