What is the test for maintaining the status quo on a motion for interim custody?

Ontario, Canada


The following excerpt is from Chadwick v. Chadwick, 2019 ONSC 3683 (CanLII):

I conclude that the current parenting arrangements, that is, the de facto status quo that the children have known since last November 2018, is serving the children’s best interests and should be preserved. Some of the general reasons why the status quo should be preserved on an interim motion were articulated by J. Wright J. in Kimpton v. Kimpton, as follows: There is a golden rule which implacably governs motions for interim custody: stability is a primary need for children caught in the throes of matrimonial dispute and the de facto custody of children ought not to be disturbed pendente lite, unless there is some compelling reason why in the interests of the children, the parent having de facto custody should be deprived thereof. On this consideration hangs all other considerations. On motions for interim custody the most important factor in considering the best interests of the child has traditionally been the maintenance of the legal status quo. … By status quo is meant the primary or legal status quo, not a short lived status quo created to gain tactical advantage.[12]

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