Is a stay application for a custody order based on the likelihood that the stay application would affect the child's best interests?
British Columbia, Canada
The following excerpt is from T.M.W. and R.W. v. N.L.W. and K.W., 2005 BCPC 342 (CanLII):
In Poulin v. Poulin, supra, Rogers J. wrote, at paragraph 10: "As a general proposition however, a judge proceeding… on a stay application of a custody order will be less concerned with the merit of the appeal and more concerned with how the stay would affect the child’s best interests."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a non-custodial parent of a child who is not a custodial parent and who would benefit from the sale of the child's mother's property? (British Columbia, Canada)
What is the test for a court to order custody of a child where there is no prior order for permanent custody? (British Columbia, Canada)
What is the difference between an application to vary the order granting custody of the children to the mother and an application by the father seeking to change the order? (British Columbia, Canada)
What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis? (British Columbia, Canada)
What is the test applicable to a custody application to vary custody? (British Columbia, Canada)
Does a payor/spouse have an ongoing obligation to inform the custodial parent of significant changes in income that would affect the appropriate level of child support? (British Columbia, Canada)
What is the test for establishing sufficient grounds for variation of custody provision for a child in a custody application? (British Columbia, Canada)
What public interest would be served by granting an order to allow an applicant to travel from Canada to the United States? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
Does a finding of contempt based on a failure to obey a court order result in the application being subsumed into the contempt order? (British Columbia, Canada)
