Appeal from a trial judge's order granting sole custody of two children to their aunt and uncle (the respondents) with limited access to their biological mother (the appellant).
The trial judge applied the best interests of the child test under the Children's Law Reform Act.
The Court of Appeal dismissed the custody appeal but allowed the access appeal, finding the trial judge erred in his insufficient analysis of the children's views and preferences, familial relationships, and emotional ties.
The court increased the mother's access to eight weeks during summer and entire school breaks at Christmas and March.
The court also deleted a restrictive religious clause that prohibited the mother from including the children in activities contrary to the respondents' Jehovah's Witness beliefs, finding it contrary to Charter values and the mother's right to her own beliefs and lifestyle.
