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Old 07-02-2019, 09:28 PM
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Originally Posted by phatkid77 View Post
I would think a material change of circumstances would be finding accommodation where the the children have enough bedrooms for all would count...
Material change is generally something that was unforeseeable. It was rather foreseeable that a parent could pick up an extra bedroom in the future. Anyhow, if one parent cannot afford accommodations, that does not stop shared custody since the wealthier parent should be paying CS.

Also, is there any written documentation showing that it was "lack of rooms" that led to the original custody situation? Did the separation agreement explicitly say "father does not have enough bedrooms and that is why mother is taking custody of the kids"?

How long has it been since the agreement was signed? Obviously, the longer it has been, the greater the probability of a "material change" argument.

You are right though, "material change" case law seems to be all over the map. It is very hard to predict.
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