What is the test for a provisional order under section 17.1 of the Divorce Act, s. 18(2) and 17(17.1(1) to vary support?

The argument is essentially that ss.17.1 and 18(2) clearly mandate that there must only be a provisional order when applications to vary support orders are made and the applicant and the ex-spouse live in different jurisdictions. Of the cases cited by the respondent, the case of Attrill v. Green, supra, is decided on its own facts and in any event is not one that I would follow. Essentially in that case, by reason of the evidence of the non-custodial parent, the respondent with regard to the application, the court found there to be a constructive consent and thereby held that s.17.1 of the Divorce Act, supra, had been complied with.