The applicant mother sought a stay of interlocutory orders that found her in contempt for relocating the child's residence without notice and transferred interim sole custody and primary residence to the respondent father.
The court applied the modified RJR-Macdonald test for stays in child parenting cases, prioritizing the child's best interests.
While the applicant established a serious issue to be tried regarding procedural fairness, she failed to demonstrate irreparable harm or that the balance of convenience favoured a stay, especially given the impending trial date.
The motion for a stay was dismissed.
