What is the test for lifting a stay of execution of an order respecting the custody of a child?
Saskatchewan, Canada
The following excerpt is from Kemery v Kemery, 2012 SKCA 82 (CanLII):
Applications of this nature, which is to say applications to lift the stay of execution of orders respecting the custody of a child, are heavily driven by the best interests of the child: Ebenal v. Ebenal, 2003 SKCA 130; Bader v. Styranka, 2004 SKCA 55. It is thus necessary to approach these applications from the perspective of the child and the child’s welfare. Generally, the central question is how the child is apt to be affected, should the stay be lifted or allowed to remain in place pending the determination of the appeal, having regard for such considerations as the potential for harmful disruption of the life of the child should the appeal succeed.
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