What is required for a parenting order variation under the DA?

For a parenting order to be varied under the Divorce Act (DA), there must be a material change in the child's circumstances. This is a fundamental legal principle that ensures any alterations to existing parenting orders are based on the best interests of the child. A material change might include significant developments such as a child's health issues, changes in living situations, or alterations in the child's needs that affect the current agreement's viability and appropriateness.

The rationale behind requiring a material change is to provide a stable and predictable framework for children and to prevent frequent or frivolous changes to parenting arrangements that could destabilize their lives. This requirement prioritizes the child's welfare and seeks to ensure that any modification to the existing order genuinely reflects a change in the circumstances that directly impacts the child's best interests.

While changes in income, parenting time, or mutual consent could potentially impact the dynamics of the parenting arrangement, they do not independently justify a variation unless they are linked to a material change in the child's circumstances.