What is the current state of the law in Canada on interim parenting arrangements?

Nova Scotia, Canada


The following excerpt is from Hewitt v. McGrath, 2010 NSSC 275 (CanLII):

In Marshall v. Marshall (1998) Carswell, N.S. 183 (N.S.C.A.) the Court of Appeal gave approval to a finding that it can be considered to be in a child’s best interest to continue in the care arrangements put in place prior to the interim application, in other words, to maintain the status quo. The “existing situation”, often referred to as the status quo, is generally the parenting arrangement in place while the parents were living together and not any short-term or strategic arrangement made after separation unless those parenting arrangements had previously been agreed upon or had existed for significant periods of time or were otherwise considered to be in the child’s best interest.

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