What is the current status quo in a family law case?

9. Where a status quo is in place, courts are reluctant to interfere with such arrangements prior to trial. As noted in Coe v. Tope, 2014 ONSC 4002, at paragraph 25, “[t]he status quo should ordinarily be maintained until trial unless there is material evidence that the children’s best interest demands an immediate change.” However, the applicant says that there is no status quo that has been established in the circumstances here.

10. The court order in place, made by Justice Faieta on October 13, 2020, was made on an interim without prejudice basis. The applicant submits that as the order was made on an interim without prejudice basis, then no material change must be shown. This is similar to the question considered in Verma v. Di Salvo, 2020 ONSC 850, where the court stated (at paras. 38-40): [38] The mother argues that my temporary order of October 17, 2019 establishes a parenting status quo, which should not be changed absent a material change in circumstances. I disagree. [39] My order set out parenting orders as terms of an adjournment of the motion that, among other things sought custody of J, parenting time for the mother in accordance with the advice of a parenting coordinator, and delivery of J to the father. Without having heard that motion on the merits, the order setting out terms of the adjournment cannot be considered an order creating a status quo that cannot be varied. [40] The mother also argues that the current arrangement is a de facto status quo. I disagree again. The current parenting arrangement was established by my order setting out the terms of the adjournment and, for the reasons I explain above, is not an order that creates a status quo.” (emphasis added)

11. Similarly, in Al Tamimi v. Ramnarine, 2020 ONSC 4558 temporary measures had been put in place by the court on December 19, 2019 when the motion before the court was adjourned. On the return of the matter, heard on July 17, 2020, the court determined that there was no status quo, as there had been a temporary order put in place as a “temporary response to an evolving situation”.