Very often people confuse the meaning of the word “Custody”. This wors is no longer used in the current legislation with the new legislative amendments that have come into force. However, even when this word was used in the past, people often mistakenly meant parenting time when they were saying “custody”.
It is important to recognize the difference between a motion for a temporary order versus a decision made by a judge at trial. The court’s focus differs during the motions as opposed to trials simply because motions are limited in their nature and the amount of material submitted to the judge is also limited. Usually parties do not testify orally, and when facts are contradicted in the parties’ materials, judges are limited in terms of what they can take from the Affidavits filed by the parties.
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