November 9, 2020 – Creating Inappropriate “Status Quo”

“Creating a favourable status quo through falsehood and misrepresentation is not just a matter of litigation strategy:  It is often tantamount to child abuse.   It goes to the heart of “best interests” considerations; Parental judgment; The ability to sacrifice self-interest for the sake of the child; Awareness of the child’s need to have maximum contact with both parents.

If past behaviour is a predictor of the future, assessors and courts have an obligation to address – and seriously sanction – common and predictable strategic behaviours intended to create an inappropriate status quo.”

            Izyuk v. Bilousov, 2011 ONSC 6451 (CanLII) at 418-419