Status Quo
What does “status quo” mean in family law regarding parenting time?
Status quo = “the existing state of affairs”
“Status quo” refers to the involvement and the role of each of the parents that had been a part of the child’s life growing up until the time of the parent’s separation. In situations where both parties are no longer together and have been separated for a long time, then the current schedule of the child’s parenting schedule will be considered if there are no interim orders. If the parties enter into an interim agreement or an order for parenting time, this will be considered the “status quo”. The burden of proving material change will fall on the party who wants to change the parenting plan before trial. Courts are very hesitant to make further changes before trial.
What is the overriding principle the judge considers in changing parenting decisions? Why judges are reluctant to change temporary orders until trial.
Under section 24(3)(d) of the Children’s Law Reform Act, the court must consider the child’s “history of care” when deciding on the child’s best interests. Judges state changes to existing circumstances should not be made unless it is in the best interest of the child. Judges feel that there is a general rule that disturbing the status quo during the interim stage will require more proof in order to adjust the status quo.
In other words, courts are reluctant to order several iterations of parenting schedules during the proceedings as seen in Nekoz v. Nekov (2001). The status quo can change if there is any evidence that the child’s well-being is being negatively affected.
Is it possible to have an interim parenting agreement changed?
It is possible to make changes if there are strong reasons and proof, ultimately the court will make a decision that will be based on the child’s best interest and the court will want to ensure that the child’s needs are being met.
What kind of evidence would you need to change an interim parenting plan?
You need evidence that the child’s best interests are being affected. Orders that update interim parenting schedules are rare.
These are some examples where it may be granted:
- One party has moved, significantly interfering with parenting time and increasing travel time for the child
- An abusive situation exists that jeopardizes the child’s well-being
- One party is not following the current parenting schedule (bad faith conduct).
When is the status quo not established?
A status quo is not established when one party is unreasonable and unilaterally sets a schedule or does not let the other party see the child to gain a litigation advantage. The court does not allow children to be used as bargaining chips and if this were to happen, the court will consider that the parents are not fit for the child’s needs and that the parent may not make decisions that will be beneficial for the child.
What are the consequences of not objecting to a unilateral schedule?
If the other parent does not object to a unilateral schedule, this can be deemed as consent to the new arrangement for parenting time. In other words, without opposition, a new status quo can be established.
What methods can you use to object to ex’s schedule?
You can go back to court and protest in a timely manner. You must create a paper trail setting out your objection to a new parenting schedule. You can provide evidence that the new parenting schedule is not in your child’s best interest.