Thread: How to proceed
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Old 04-25-2006, 11:54 AM
logicalvelocity logicalvelocity is offline
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To support no interim order in regards to custody of the child pending trial,

Recent jurisprudence on an interim motion

Crocker v. Hooke

http://www.canlii.org/on/cas/onsc/20...onsc12886.html

and

Schmidt v. Haley

http://www.canlii.org/on/cas/onsc/20...onsc10739.html

and don't forget the priciple of maximizing contact although no specifically mention in the children's law reform act in can be inferred from the best interest of the child test.

See this case - interim motion by the way

Easton v. McAvoy, 2005 ONCJ 319

http://www.canlii.org/on/cas/oncj/2005/2005oncj319.html

Principle of maximum contact is specifically recognized in subsection 16(10) of federal Divorce Act but not mentioned in Children’s Law Reform Act (Ont.) — Nevertheless, this principle can be readily extracted from various “best interest” factors listed in provincial statute and must be considered in court’s evaluation of children’s best interests.

In this case it appears the a parallel parenting regime was ordered on an interim basis.