The appellant mother appealed an order varying a consent order and awarding custody of her seven-year-old son to the respondent father.
The trial judge had found a material change in circumstances based on the father disclosing the child's existence to his wife, and relied on an assessor's report criticizing the mother's attitude towards the father.
The Court of Appeal allowed the appeal, finding that the disclosure did not constitute a material change in circumstances.
Furthermore, the Court held that the trial judge erred by placing undue emphasis on the mother's conduct without sufficient evidence that it had a detrimental effect on the child, who was developing well.
Custody was restored to the mother with generous access to the father.
