CUSTODY, PARENTING, AND ACCESS - Best interests of child - Status quo or maintenance of stable environment

Law360 Canada (May 5, 2023, 6:27 AM EDT) -- Application by the father to stay a trial decision granting the mother primary parenting responsibility for the child and substituting for it an order under which the child would live primarily with him, pending determination of his appeal. The parties were the parents of a three-year-old child. Following a trial, a King’s Bench judge made an order providing that the mother would have primary parenting responsibility for the child but that the father would have extended parenting time on specified weekends and holidays. The father filed a notice of appeal and now applied pursuant to the newly amended rule 15 of The Court of Appeal Rules to stay the trial decision pending the determination of his appeal. The father argued that the trial judge misapprehended evidence, imposed a parenting arrangement that was unworkable because it required him to spend extended time in Saskatoon away from his home, failed to consider evidence concerning the nature and strength of the child’s relationship with each parent and failed to consider that the child had lived primarily with him for over three years....
LexisNexis® Research Solutions

Related Sections