What is the test for a temporary order under the Divorce Act?
Ontario, Canada
The following excerpt is from MC v. MAC, 2019 ONSC 6769 (CanLII):
Inasmuch as the temporary orders of Gibson J. and Coats J. were made without prejudice, the test here is not one of a material change in circumstances. Rather, my determination of whether the present access should be increased must be based on my present analysis of the children’s best interests (Ray-Bevington v. Rigden, 2017 ONCJ 602 at para. 29). While Ray-Bevington v. Rigden dealt with a without prejudice order under the Children’s Law Reform Act, the same considerations apply under the Divorce Act.
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