Motions to Change: Custody and Access Orders

As with child and spousal support, in order to obtain an Order varying your current custody or access arrangement, you must prove that there has been a material change in circumstances.  In order to successfully obtain a variation order regarding custody or access, the change that occurred must be material, and must have also affected, or be likely to affect the best interests of the child. The change must also be one that was not foreseen at the time the initial order or variation was made. You cannot use a motion to change custody/access as an avenue to appeal the initial decision.

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