What is the test for obtaining exclusive possession of a child?
Ontario, Canada
The following excerpt is from M.P.D.S. v. J.M.S., 2022 ONSC 1212 (CanLII):
An order for exclusive possession is both dramatic in its effect and highly prejudicial to the dispossessed spouse. This order should not be made on a motion where there is conflicting evidence that requires findings of credibility that are only available at trial. An exclusive possession order primarily arises and should be granted in circumstances where continued joint occupation is a potential or real threat to the safety and well-being of a child: Menchella v. Menchella, 2012 ONSC 1861, at paras. 15-16.
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