Is there a presumption that the original protection order is correct and that the onus is on the party attempting to change the status quo?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Hamilton v. A. H. et al, 2014 ONSC 3022 (CanLII):
[17] At para. 26 of C.A.S. of Toronto v. H.G. Curtis, J. observed that on a motion of this nature, there is a presumption that the original protection order is correct and that the onus to change a status quo is on the party attempting to change it. At paragraph 28 Curtis, J. stated that, for the moving party to be successful on a temporary hearing of this nature, the best interests of the child must require a change in the care of the child.
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