What is the test for a temporary order to restore a previous successful status quo?
Ontario, Canada
The following excerpt is from McGrath v McGrath, 2021 ONSC 7148 (CanLII):
In applying the best interests test, the court must be mindful of the passage of time since a post-separation regime has been in place and its significance given the age of the child. Where only a short amount of time has elapsed between the deliberate creation of a new status quo and the hearing of a temporary motion, the court will be more inclined to presume that a restoration of a previous successful status quo is appropriate. Conversely, the longer the child has been in the new situation, however it is created, the most closely the court will have to focus on the child’s best interests, as opposed to any violation of parental rights: McPhail v. McPhail, 2018 ONSC 735, at para. 18.
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