What threshold condition must be met to vary a custody order?
Yukon, Canada
The following excerpt is from Murphy v. Murphy, 2002 YKSC 6 (CanLII):
The threshold condition is described in Gordon v. Goertz, supra at para. 13, as follows: 13 It follows that before entering on the merits of an application to vary a custody order the judge must be satisfied of: (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.
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