What is the test for a material change in the circumstances of a child?
Ontario, Canada
The following excerpt is from Hughes v. Hughes, 2020 ONSC 2821 (CanLII):
To establish a material change in the circumstances of the child, the change must have altered the child’s needs or the ability of the parents to meet those needs in a fundamental way. The question is whether the previous order might have been different had the circumstances now existing prevailed earlier. The change must also represent a distinct departure from what the court could reasonably have anticipated in making the previous order. (Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 at para. 12.)
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