What is the submission of the Respondent on an interim order to order a primary parent to continue as the primary parent of the child pending trial?
British Columbia, Canada
The following excerpt is from Q.P. v. Q.N., 2016 BCSC 463 (CanLII):
It is the submission of the respondent that she has been the child’s primary caregiver since birth and that it is in the child’s best interest for her to continue as the primary parent pending trial. The respondent submits that the primary purpose of interim orders in family matters is to preserve the status quo and to provide short-term solutions until issues regarding the best interests of the child can be fully canvassed at trial: Fitzgibbon v. Fitzgibbon, 2014 BCCA 403. The respondent submits that on an interim application, the court does not have an opportunity to test the evidence which increases the risk that departure from the status quo will be adverse to the best interests of the child. The respondent submits that the claimant has not tendered any evidence to suggest that there is a risk to J. in preserving the status quo.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the consequence if one parent deliberately prevents the other parent from exercising parenting time as stipulated in a parenting order? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
If a child of the marriage unilaterally terminated their relationship with the payor parent without good cause and there is evidence that the child is no longer a child, is this a factor in the finding that they no longer exist? (British Columbia, Canada)
How much contribution from each parent should each parent of a child be made to the child's education system? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the effect of a parent's decision not to consider the consequences of a child’s parents’ actions in the context of child support matters? (British Columbia, Canada)
When a child does not continuously pursue post-secondary education but lives at home and works part-time, can a payor parent be relieved from a portion of the child support payment for that period? (British Columbia, Canada)
What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis? (British Columbia, Canada)
Is Child T still a child for whom child support will continue to be paid? (British Columbia, Canada)
