“The status-quo, and avoiding reckless creation of a new status-quo, are important considerations at the interim stage: Cosentino v. Cosentino, 2016 ONSC 5621 (CanLII) at paras. 16 and 17.
It is a long-standing legal principle that absent evidence of material change and that an immediate change is required, the status-quo is ordinarily to be maintained until trial: Niel v. Niel, 1976 CanLII 1925 (ON CA), 28 R.F.L. 257 (Ont. C.A.), Grant v. Turgeon, 2000 CanLII 22565 (ON SC), 5 R.F.L. (5th) 326 (Ont. S.C.J.); Kimpton v. Kimpton, 2002 CarswellOnt 5030 (Ont. S.C.J.).
In making an interim order, a court should generally maintain the status-quo in the absence of important reasons suggesting that change is necessary in the child’s best interests: McEachern v. McEachern (1994) 1994 CanLII 7379 (ON SC), 5 RFL (4th) 115.
To disturb the status-quo, there must be compelling evidence to show the welfare of the child would be in danger in maintaining the status quo, namely the evidence must clearly and unequivocally establish that the status-quo is not in the child’s best interests: Miranda v. Miranda, 2013 ONSC 4704 (CanLII), para. 26.
The rationale for this principle lies in the fact that there is a concern for fairness to the parties and a concern for the best interests of the child. Generally, it is not in the best interests of a child to change the residential arrangements if there is a possibility of yet another change because of a pending trial: Copeland v. Perreault 2007 ONCJ 217 (CanLII), [2007] O.J. No.1889 (O.C.J.) at para. 49.
It is generally not in the best interests of a child to disturb a status-quo on a temporary basis pending trial without compelling reasons. Those compelling reasons usually include an assessment report from a private assessor or the Office of the Children’s Lawyer recommending an immediate change in residence; an indication that the children are doing poorly under a particular regime; serious mental health issues in connection with one of the parents; and drug or alcohol addiction on the part of one of the parents. As well, it must be demonstrable that one or more children are doing very poorly as a result of the parenting regime: Shotton v. Switzer, 2014 ONSC 843 (CanLII).
Children should not be needlessly disrupted by a parent unilaterally creating a new status-quo through manipulation or deliberate acts: Izyuk v. Bilousov 2011 ONSC 6451 (SCJ); Nyari v. Velasco 2008 ONCJ 272 (OCJ).”