What is the current status quo on a temporary custody and access motion?

Ontario, Canada


The following excerpt is from McGrath v McGrath, 2021 ONSC 7148 (CanLII):

As stated in Batsinda v. Batsinda, 2013 ONSC 7869, at para. 28, the status quo that is relevant on a temporary custody and access motion (as it was known then) is that which existed just prior to the parties separation, except in circumstances where there is clear and unequivocal evidence that the parties agreed to a different decision-making and residence arrangement following separation. Further, a status quo created by one party unilaterally taking matters into their own hands without any consent from the other party, does not create a new status quo. The status quo cannot be a situation unreasonably created by one party after separation to create a tactical advantage in the litigation.

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