What is the test for an interim variation of a final parenting order?
Ontario, Canada
The following excerpt is from Marshall v. Snow et al., 2022 ONSC 1687 (CanLII):
Without explicitly saying so, the relief that each party requests amounts to an interim variation of Petrie J.’s final custody order. In Epshtein v. Verzberger-Epshtein, 2021 ONSC 7694, at para. 126, I found that the test for an interim variation of a final parenting order requires: 1. A strong prima facie proof that there is a material change in circumstances regarding a parenting issue; 2. The parenting issue must be an important one; 3. The circumstances arising since the final order must be urgent or pressing; and, 4. The moving party must then prove that the remedy sought is in the child's best interests.
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