What is the test for a motion to stay a custody order?
Newfoundland and Labrador, Canada
The following excerpt is from R.E. v. N.G, 2010 NLCA 60 (CanLII):
In child custody matters, the overriding principle is always the best interests of the child: Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 [citations omitted]. In my view, this principle applies as well to a motion to stay a custody order. As a result, where the stay of a custody order is sought, the standard tripartite test for the determination of the motion must be somewhat modified.
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