November 26, 2024 – Nesting Orders

“Nesting orders are not common.  In Chaudhry v. Meh, 2019 ONSC 6101 (CanLII), at para 10, the court described the purpose of a nesting order as follows:

A nesting order may be in the child’s best interests where it keeps the child in the matrimonial home, while rotating the parents in and out, to maintain the continuity of the parents’ involvement while minimizing the disruption to the child.  However, nesting orders have been rejected where they create opportunities for conflict or perpetuate conflict between the parents.  Where the parties have lived in the same home with little interaction and little conflict, a nesting order made be appropriate, Grandy v. Grandy, 2012 NSSC 316 at paras 33, 35.

As always, the primary consideration is the best interests of the child.”

              L.T.C. v. D.P., 2021 ONSC 7806 (CanLII) at 27-28

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