Dagenais v. Dagenais, 2017 NSSC 352
Opinion
SUPREME COURT OF Nova Scotia FAMILY DIVISION Citation: Dagenais v. Dagenais , 2017 NSSC 352 Date: 2017-05-03 Docket: 1201- 066756/SFHD-084529 Registry: Halifax Between: Daniel Dagenais Petitioner v. Angela Dagenais Respondent LIBRARY HEADING Judge: The Honourable Justice Elizabeth Jollimore
Summary: Variation application dismissed where applicant offered no evidence of a material change since the last order was made. Key words: Family, Parenting, Variation Legislation: Divorce Act , R.S.C. 1985 (2 nd Supp.), c. 3, subsection 17(5) THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET . SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Dagenais v. Dagenais , 2017 NSSC 352 ENDORSEMENT Daniel Dagenais v. Angela Dagenais 2013; 1201- 066756/SFHD-084529 May 3, 2017 Mr. Dagenais seeks to vary the parenting
schedule contained in the parties’ 2014 Corollary Relief Order which was granted as part of an undefended divorce where both parties were represented by counsel. Decision: The variation application is dismissed: no material change in circumstances has been shown to have occurred since the Corollary Relief Order was granted in February 2014. Reasons:
1. There are three requirements that must be satisfied before I can consider an application to vary a parenting order: Gordon v.Goertz, (S.C.C.) at para 13. The requirements are: (
a) there must be a change in the child’s condition, means, needs or circumstances or the ability of the parents to meet thechild’s needs; (
b) the change must materially affect the child; and (
c) the change was either not foreseen or could not have been reasonably contemplated by the judge who made the initialorder. 2. The burden of proving the material change rests on the person asking for the order to be changed: Mr. Dagenais. 3. If there has been no material change proven, I do not have jurisdiction to vary the order. 4. Mr. Dagenais has failed to prove there is a material change in circumstances which has occurred since the Corollary Relief Orderwas granted in February 2014. _____________________________ Elizabeth Jollimore, J.S.C.(F.D.)
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