What are the relevant factors for an interim custody order?

Prince Edward Island, Canada


The following excerpt is from D.P. v. R.B., 2007 PESCAD 25 (CanLII):

The relevant factors are set forth at paragraph 49 of Gordon v. Goertz. To place them in the context of the case, I summarize them as follows: a. there is no legal presumption in favour of the parent that might have been exercising de facto custody from the time of the separation to the time of the application for interim custody order; b. the focus is on the best interests of the children and not the wishes of the parent; c. the court should consider the existing de facto custody and access arrangements between the children and their parents; d. the desirability of maximizing contact between the children and both parents; e. the views of the children; f. the custodial parents wishes to move are considered only when it is relevant to the parent’s ability to meet the needs of the children; g. the disruption to the children by the change in the location of their residence as the result of their removal from family, schools and the community they have become to know.

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