In such a situation, what the provision would do is get to the second part, which is what kind of order the court will make more quickly. So instead of having to reach the threshold of a material change in circumstance that requires evidence before the court, and before the court can then make a variation order, with this provision you would basically have that deemed to be a material change in circumstance. You would immediately go to the second part of the test, which is what kinds of orders should the court make in the best interests of the child.
So the best interests of the child remains the test, and it would be on a case-by-case basis. In the case you described, we would hope that the court would consider past conduct and the ability of that parent to be a parent as an important factor.