On an interim application for custody, what is the onus on a parent seeking to disturb the custodial status quo?
Ontario, Canada
The following excerpt is from Boomhower v. Yusko, 2004 CanLII 5030 (ON SC):
On an interim application for custody, there is a heavy onus on a parent seeking to disturb the custodial status quo. It is in the best interest of children not to be moved back and forth between parents while the court process to deal with a more permanent solution is ongoing. White v. White (2000) O.J. No. 1862. As an important part of the court’s concern for the physical stability and care of the child, this judicial policy recognizes that normally, where a custodial status quo exists, strong emotional ties between the child and the custodial parent will have formed. Hartly v. Hilton (1990) O.J. No. 1192. The cases cited herein merely restate what is said in many other authorities respecting this stage of proceedings.
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