What is the test for a stay of custody and access order?

Prince Edward Island, Canada


The following excerpt is from J.G. v. S.E.D., 2011 PECA 12 (CanLII):

According to the case of Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, the ultimate and only issue when it comes to custody and access is the welfare of the child whose future is at stake. It is with this instruction at the forefront that I have assessed whether this is an appropriate case for a stay of proceedings pending appeal.

Other Questions


What are the "best interests" factors used by a judge to determine whether or not a child should be removed from the custody of the custodial parent and placed with the access parent? (Prince Edward Island, Canada)
What is the test for a motion to vary a custody order? (Prince Edward Island, Canada)
What is the test for making an interim order to remove a parent from the custody of their child? (Prince Edward Island, Canada)
What are the factors used in determining a disposition order granting permanent custody to the Director of Children's Services? (Prince Edward Island, Canada)
What is the ultimate and only issue when it comes to custody and access? (Prince Edward Island, Canada)
What are the relevant factors for an interim custody order? (Prince Edward Island, Canada)
Can a court order substantial indemnity costs against a father who has consistently breached the terms of a restraining order? (Prince Edward Island, Canada)
When will a court order a contextual analysis in the context of a claim? (Prince Edward Island, Canada)
What is the current state of the law on open access to courts? (Prince Edward Island, Canada)
What is the test for maintaining the status quo in a custody matter? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.