Material Change in Circumstances in Family Law: What is it And Why Should I Care?
The law recognizes that even the most fastidious of court orders may not address the disputed issues forever. This is why there are mechanisms in place which allow parties to alter their Final Order after it has been given. This is typically due to a material change in circumstances that makes the original order impractical.
To modify a final court order in family law, where the parties are in disagreement about the changes to be made, a party must bring a Form 15 Motion to Change. This is a process used to request that a judge revisit and potentially alter the existing Court Order or separation agreement. This request, as per the Divorce Act, requires proof of a material change in circumstances since the last court order. [1]
The leading case on this concept is Gordon v. Goertz, [1996] 2 S.C.R. 27. Here, the Supreme Court of Canada outlined a clear framework for identifying what exactly is a “material change in circumstances” that warrants court intervention.