What is the test for a court to order a temporary order or custody order in a custody matter?
Ontario, Canada
The following excerpt is from Goodship v. McMaster, 2003 CanLII 53670 (ON CJ):
[10] This case can be distinguished from the decision in Garside v. Greenfield[3] in that there was no custody or access agreement, nor any court order between those parties. Here, there is such an agreement and the court should be reluctant to interfere with the status quo on an interim basis unless there is some compelling reason to do so. I might add that, as the criterion is child-oriented, the compelling reason(s) should be related to the child.
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