What is the burden of proof for a party seeking to disturb the status quo?
Ontario, Canada
The following excerpt is from Penfold v. Stevens et al, 2021 ONSC 1987 (CanLII):
The party seeking to disturb the status quo bears the burden of proof. That party must demonstrate serious or compelling evidence to show that the physical, mental and moral welfare of a child would be in danger in maintaining the status quo. The best evidence of parenting is what existed prior to separation. (See Cole v. Barrett 2020 ONSC 2339 para. 12)
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