What is the test for a temporary order for exclusive care and control of a one year old child?
Ontario, Canada
The following excerpt is from McLaughlin v. Dance, 2018 ONSC 5440 (CanLII):
Justice Pazaratz, in Rifai v. Green, determined a father’s motion for temporary orders with respect to a one year old child. The father sought an order for exclusive care and control of the child and that the mother be required to return the child to the father. The mother had been living in Alberta for the previous 10 months. The father consented to the mother travelling for a six week visit to Alberta in May 2013. The mother decided to stay in Alberta with the child. The father had not had contact with the child from the time she was two months old, when the motion was argued before Justice Pazaratz. Justice Pazaratz determined that while the father had not consented to the child remaining in Alberta he acquiesced to this change and, in doing so, allowed a new status quo to be develop.
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