The applicant father brought a motion seeking increased parenting time with the child pending trial.
The respondent mother opposed any change to the existing interim consent order, arguing the current arrangement should remain until trial.
The court considered whether a change in circumstances was required before varying the interim order and distinguished prior authority because the consent order was made on a without prejudice basis pending further order of the court.
While the court declined to alter the child’s primary residence or grant the full access sought, it held that increased contact with the father was in the child’s best interests.
The court therefore ordered additional alternating weekend access and summer parenting time pending trial.
