A custodial father brought a motion to vary an interim order restricting relocation of the child outside the Region of Waterloo so that he could move with the child to California.
The maternal grandparents opposed the motion and sought increased summer access.
The court held that interim orders should generally remain in place until trial absent compelling circumstances affecting the child’s best interests.
Although the father had sold his home and enrolled the child in a California school, these developments did not constitute a material change fundamentally affecting the child’s needs.
Allowing relocation before trial would create a new status quo and undermine the pending Office of the Children’s Lawyer report and trial determination.
