The applicant mother brought a motion for temporary sole custody of the parties' three-year-old child after the respondent father unilaterally removed the child from her care following an altercation.
The father argued he established a new status quo and sought interim sole custody with supervised access for the mother.
The court found that a status quo cannot be established by unilateral self-help and that the father's actions raised serious questions about his parenting judgment.
Relying on evidence from the Children's Aid Society, the court granted temporary sole custody to the mother with a specified parenting schedule for the father.