As well, it is not necessary for the court to determine whether the final custody order survived the parties’ re-marriage. Canadian cases about the effect of reconciliation on a final custody order are rare and none of those cases involve a re-marriage (see, for example, Ivan v. Leblanc 2012 ONSC 4445 (CanLII)). On one hand, it seems incongruent that a final custody order, predicated on the parties being permanently separated, could survive such a significant legal act as a re-marriage, which may imply a common intent of the parties that a final custody order is no longer valid, but, on the other hand, it may be implicit to the legal primacy of a child’s best interests in determining custody, that an unsuccessful reconciliation of relatively short duration, even including a re-marriage, might not render null and void a final custody order - particularly since it would be open to the non-custodial parent, either during or after the reconciliation, to bring a motion to change based on a material change of circumstances.
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