What is the test to stay a custody order?

More recently the Court of Appeal addressed the test in Berry v. Berry, [2010] O.J. No. 6248 at paragraphs 5 and 6: 5 Finally, for the same reasons, I am satisfied that the balance of convenience favours staying the trial judge's order. The balance of convenience in this type of case centres primarily on the best interests of the child. The appellant and the respondent are by all accounts both excellent parents and devoted to this young child, a child that has already had serious health challenges during his young life. The result of the trial judge's order is to effectively rupture the child's relationship with his father, which would have to be re-established every two weeks. On the record before me, this is not in his best interests, at least at this stage of his life. 6 I appreciate that in custody and access matters, the decision of the trial judge is owed substantial deference. That must particularly be the case here where the very experienced judge has heard many days of oral testimony and lengthy submissions. However, my decision does not turn on whether the trial judge's decision may ultimately be upheld, but whether the child's best interests require a stay for the, hopefully, short time necessary to afford the appellant the opportunity to have that decision reviewed.