Is it in the best interest of the child to lift the stay of execution on paragraph 2 of the interim order?
Saskatchewan, Canada
The following excerpt is from Jochems v Jochems, 2013 SKCA 53 (CanLII):
With respect to paragraph 2 of the interim order, I see no potential harm to the child, nor any significant disruption to her young life, if the stay of execution is lifted so as to permit the structured transition of custody and access as had been directed by the chambers judge in his determination of what was in the child’s best interest. Paragraph 2 of the interim order is entirely consistent with the acknowledgement in Gordon v. Goertz that it is desirable to maximize contact between a child and her parents. Moreover, it would appear to be a necessary order in the circumstances as, absent the order, there is no reliable arrangement as between the parties as to their parenting of the child. In short, it appears to be in the best interest of the child to lift the stay with respect to paragraph 2 of the interim order.
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