What is the test for a court to vary a temporary custody order?
Ontario, Canada
The following excerpt is from Petit v Petit, 2016 ONSC 849 (CanLII):
The court’s primary concern is the children’s best interests. In Hayes v. Goodfellow, 2011 CarswellOnt 3048 (S.C.J.), MacKinnon J. was tasked with a motion by a father to vary a temporary custody order in circumstances where there were allegations of parental alienation. In addressing that issue, the court observed as follows:
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