What is the effect of the respondent mother’s decision to leave the home of the child's grandparents and establish an artificial status quo?
Ontario, Canada
The following excerpt is from Birdi v. Birdi, 2015 ONSC 1974 (CanLII):
In this case, I consider it necessary to permit questioning for various reasons. First, the respondent mother left the home of Gians grandparents with Gian and has established an artificial status quo outside of the home where Gian has spent his entire life. Whether this artificial status quo is the true status quo is a question for another day. However, it is an issue raised on the motions before the court to be explored on questioning. The new status quo or the status quo prior to the separation of the parties on May 26, 2014 is in the best interests of Gian is an important issue because, generally speaking, courts are often reluctant to change the status quo that is working for the benefit of the child. A stable and secure status quo is often a factor considered in deciding what is in the best interests of a child for custody: Porter v. Hamilton, 2011 ONSC 5792 (CanLII), at paragraph 34.
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