What is the test for maintaining the status quo in determining interim custody of children during a long-term matrimonial dispute?

Ontario, Canada


The following excerpt is from Abdelhamid Tayebi v. Salima Oukachbi, 2013 ONSC 6960 (CanLII):

Each parent argued that he or she is the primary caregiver for the children and is entitled to have interim custody of the children based on the status quo. The importance of maintaining the status quo in deciding interim custody is highlighted in Kimpton v. Kimpton, 2002 CanLII 2793 (ONSC) at para. 1. Mr. Justice Wright observed: There is a golden rule which implacably governs motions for interim custody: stability is a primary need for children caught in the throes of matrimonial dispute and the de facto custody of children ought not to be disturbed pendent lite, unless there is some compelling reason why in the interests of the children, the parent having de facto custody should be deprived thereof…. By status quo is meant the primary or legal status quo, not a short lived status quo created to gain tactical advantage.

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