Difference between revisions of "Changing Orders in Family Matters"
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====Changing Orders About Custody==== | ====Changing Orders About Custody==== | ||
A 1996 case of the Supreme Court of Canada called ''Gordon v. Goertz'' | A 1996 case of the Supreme Court of Canada called ''Gordon v. Goertz'' describes the things that a court must consider when hearing an application to vary an order for custody: | ||
*The person applying for a change in the custody or access order must meet the threshold requirement of demonstrating a material change in the circumstances affecting the child. | *The person applying for a change in the custody or access order must meet the threshold requirement of demonstrating a material change in the circumstances affecting the child. | ||
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#a mature child over the age of eleven or twelve or so has expressed a wish to live with the other parent. | #a mature child over the age of eleven or twelve or so has expressed a wish to live with the other parent. | ||
The court is unlikely to change custody where the children are happy in an existing stable and secure setting. | |||
====Changing Orders About Access==== | ====Changing Orders About Access==== | ||