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What is considered a material change in Circumstance to alter custody?

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  • What is considered a material change in Circumstance to alter custody?

    It’s seems to be very vague and up to the judge to decide?


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  • #2
    It's actually quite clear, with a bit of research.

    "The essential elements of a "material change of circumstances" involve a significant alteration of the situation surrounding the child and the custodial scheme, such that the minor's best interests no longer are protected and served. The change in circumstances jeopardizes the health, safety and welfare of the child. For example, a custodial parent who abuses mind altering substances jeopardizes the best interests of a child, warranting a new custody order from the court."

    https://www.livestrong.com/article/1...child-custody/

    http://canliiconnects.org/en/commentaries/44962

    There are literally thousands of articles (and posts here) about exactly this.

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    • #3
      I guess I understand the easy ones like example you just gave. But when reading some of canlii when I search that. It seams hard for me to understand. Trying to relate it to my case. Thanks.


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      • #4
        That article on canlii is great!! Thanks!


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