What is the current state of the law on interim interim arrangements?

British Columbia, Canada


The following excerpt is from Kortee v Bah, 2017 BCSC 857 (CanLII):

The long-standing approach on interim applications is to protect the status quo until a closer and more complete examination of the issues is possible at trial: Fitzgibbon v. Fitzgibbon, 2014 BCCA 403 at para. 22. Here the status quo is the arrangements set out in the January 2010 order, not the temporary arrangements put in place by the August 2016 order. While these arrangements have continued longer than intended, that is largely a product of the father’s failure to abide by the clear provision in the August 2016 order that the change in A.’s primary residence was effective only until the mother re-established her living conditions and job. I am satisfied in the circumstances that the arrangements which governed from January 2010 to August 2016 are preferable to those put in place by the August 2016 order. It is worth noting that a change in schooling was not part of the August 2016 order and there was no finding that it was in A.’s best interests to attend a different school.

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