The respondent mother brought a motion for the immediate return of her child, Brianne, to a long-standing week-about time-sharing arrangement, as per a final consent order.
The applicant father resisted, alleging abuse by the mother and citing Brianne's stated wishes to remain with him, including threats of self-harm or running away.
The court found no material change in circumstances since the final order and no sufficiently compelling circumstances to warrant an interim change.
The judge expressed concerns about the father's credibility regarding the alleged abuse and his failure to enforce the existing court order, emphasizing a custodial parent's positive obligation to ensure a child complies with access orders.
The mother's motion was allowed, and the father's counter-motion for a change in access was dismissed, with a transition schedule established for Brianne's return to shared care.