In the case of custody changes, what must the party seeking to vary an agreement demonstrate?

In cases of custody changes, the party seeking to vary an existing agreement is required to demonstrate a material change in the child's circumstances. This requirement is rooted in the principle that stability is crucial for a child's well-being and that changes to custody arrangements should not be made lightly.

A material change in circumstances might include significant developments affecting the child's welfare, such as changes in living conditions, health issues, or changes in the needs of the child as they grow. The law generally seeks to ensure that any modifications to custody reflect the best interests of the child, and demonstrating a material change provides the necessary legal basis to reconsider the existing custody agreement.

Simply expressing a desire to change the living situation, alleging negligence on the part of the custodial parent, or citing the other parent's preferences does not meet the required legal standard. These factors may play a role in the broader context of the situation, but they do not fulfill the necessary requirement of showing that a material change relevant to the child's well-being has occurred.