What is the evidentiary burden of a party seeking to change the status quo on an interim mobility motion?
Ontario, Canada
The following excerpt is from Hazelwood v. Hazelwood, 2012 ONSC 5069 (CanLII):
Although both parties in a dispute concerning care and custody of children bear an evidentiary burden in connection with the best interests of the children, the burden is on the moving party (seeking to change the status quo) on an interim mobility motion to establish compelling reasons to grant the motion. Marcuzzi v. Lindo [2010] O.J. No. 3679, at paragraph 64. Grounds of Appeal
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