What is the current state of the law on prima facie evidence for custody between the present and trial?
British Columbia, Canada
The following excerpt is from J. (J.S.) v. J. (R.J.), 2008 BCSC 399 (CanLII):
The limited evidence before me does not permit of a determination of custody between the present and the trial. Section 17(5) of the Divorce Act does not, in any case, contemplate an interim or temporary order on prima facie evidence pending determination [Greffard v. Greffard, [1994] CanLII 458 (B.C.S.C.)].
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