“Where there is a status-quo arrangement, however, courts have been clear that such arrangements should be respected in order to provide stability in the lead-up to a trial. In Coe v. Tope, 2014 ONSC 4002, at para. 25, Justice Pazaratz explained that parenting determinations at temporary motions meant to provide a reasonably acceptable solution on an expeditious basis for a problem that will be more fully canvassed at subsequent stages in the process. Pazaratz J. held that the status quo should ordinarily be maintained until trial unless there is material evidence that the children’s best interests demand an immediate change.
In Mott v. Green, 2020 ONSC 3761, Bondy J. summarized the case law on status quo parenting arrangements as follows (at paras. 38-39):
[38] The best interests of the children are to be considered in the context of the litigation. The issue before me is interim custody or residency. “[A]ny temporary order granted is always intended only to stabilize separated parties’ circumstances until trial, when a full and complete consideration can be conducted…” (see Sellick v. Bollert, 2004 CanLII 18894 (ON SC), [2004] O.J. No. 2022, 4 R.F.L. (6th) 185, at para. 16). “Stability is a primary need for children caught in the throes of matrimonial dispute and the de facto custody of children ought not to be disturbed pendente lite, unless there is some compelling reason why in the interests of the children” (see Donley v. Donley, [2008] O.J. No. 3445, 51 R.F.L. (6th) 164, at para. 91; Kimpton v. Kimpton, [2002] O.J. No. 5367; Dyment v. Dyment, 1969 CanLII 544 (ON SC), [1969] 2 O.R. 631; Papp v. Papp, 1969 CanLII 219 (ON CA), [1970] 1 O.R. 331 at pp. 344-5; and Lancaster v. Lancaster (1992), 1992 CanLII 14032 (NS CA), 38 R.F.L. (3d) 373).
[39] “In interim custody and access cases, the status quo is ordinarily maintained until trial unless there is material evidence that the best interests of the children require a change” (see: Madill v. Madill, 2014 ONSC 7227, [2014] O.J. No. 5952, at para. 31; Grant v. Turgeon (2000), 2000 CanLII 22565 (ON SC), 5 R.F.L. (5th) 326 (Ont. S.C.); Kimpton v. Kimpton; and Easton v. McAvoy, 2005 ONCJ 319). The onus is on the party seeking to disturb a status quo arrangement with respect to the custody of children” (see Donley v. Donley, para. 91, and Norland v. Norland, [2006] O.J. No. 5126, 2006 CarswellOnt 8253).”