The applicant mother and respondent paternal grandparents both sought sole custody of a 13-year-old child on a motion to change a 2009 final order for joint custody.
The child's father was deceased.
The court found that the relentless conflict between the mother and grandparents constituted a material change in circumstances that was actively harming the child.
Applying the best interests of the child test under the Children's Law Reform Act, the court awarded sole custody and primary residence to the paternal grandparents, finding they could provide stability, shield the child from conflict, and support her education and extracurricular activities.
A transition period was ordered during which the mother's parenting time was temporarily suspended.
