On a motion to vary an interim parenting order, the moving party sought a step-up plan leading to equal parenting time for a child under three years old.
The court held that no material change in circumstances was required because the earlier interim order expressly provided for a review of parenting time after a few months.
Applying the best interests of the child analysis under s. 16 of the Divorce Act, with particular attention to stability, the child's developmental needs, the parties' conflict, family violence concerns, and the child's adjustment to transitions, the court declined to order equal time-sharing.
The court nevertheless varied the schedule modestly by replacing the mid-week overnight with a Monday overnight in one week and adding Wednesday dinner visits in both weeks so the child would not go long stretches without seeing either parent.
