2 total
Appeal of joint custody and parallel parenting order dismissed; trial judge's findings entitled to deference.
The appellant father appealed a trial judge's decision on a motion to change a final custody order.
The trial judge had found a material change in circumstances but ordered that the parties continue to have joint custody of the child with a parallel parenting regime, and that the child's primary residence remain with the respondent mother.
The father argued he should have been granted sole custody.
The Divisional Court dismissed the appeal, finding that the trial judge made no errors of law, her findings of fact were supported by the evidence, and she made no palpable and overriding error in determining that joint custody remained in the child's best interests.
The Court of Appeal transferred a child custody appeal to the Divisional Court rather than quashing it for lack of jurisdiction.
The respondent moved to quash an appeal for lack of jurisdiction.
The appellant sought to have the appeal transferred to the Divisional Court in Oshawa and undertook to have the matter heard in September 2018.
The Court of Appeal granted the cross-motion to transfer the appeal to the Divisional Court, finding it appropriate given the complex appeal routes for child custody orders from the Family Division and the timely perfection of the appeal.
The motion to quash was dismissed.
