What is the test for granting an interim order to order a temporary stay of custody of a child?

Saskatchewan, Canada


The following excerpt is from Jochems v Jochems, 2013 SKCA 53 (CanLII):

In his reasons for granting the interim order the chambers judge noted both parties had agreed the guiding principle in matters concerning the parenting of their child is “the best interests of the child”. He observed the parties had also agreed that what is in the child’s best interests must be assessed having had regard to the principles outlined in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, i.e., the court must consider the relationship between the child and the parents, the desirability of maximizing contact between the child and both parents, the custodial parent’s reason for moving (in the exceptional case where it is relevant to that parent’s ability to meet the needs of the child), and disruption to the child consequent on removal from family, schools and the community which the child has come to know.

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