Keyword Analysis & Research: substantial change of material circumstance

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Frequently Asked Questions

What is considered a “material and substantial” change in circumstances?

Whether a change is considered “material and substantial” is a fact-intensive inquiry decided on a case-by-case basis. Change in parent’s financial circumstances (increase or decrease, birth of another child)

What is a material change of circumstances in child custody?

Defining a material change of circumstances. Many ideas in law are vague to say the least, but few are so vague as the idea of what is actually a substantial and material change of circumstances in terms of child custody. The short definition is that a substantial and material change is whatever the judge wants it to be.

What do you need to file a change of Circumstances petition?

First, the petitioning party must plead and prove that there has been a “substantial change” of circumstances since the final judgment. Second, the petitioner must establish that the change of circumstances was of such a magnitude that it would be detrimental for the child to remain with the custodial parent.

Does failure to become self-sufficient amount to a material change?

The decision seemed to be based on the facts presented, but those facts were not evaluated in light of the concept of “material change.” The Court of Appeal for Quebec held that the wife’s failure to become self-sufficient did amount to a material change, hence the further appeal to the Supreme Court.


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