The applicant father sought to vary a prior custody order under s. 17 of the Divorce Act to obtain sole custody of the parties’ child, relying heavily on an Office of the Children’s Lawyer report recommending a transfer of custody.
The court found the OCL report unreliable because key witnesses were not properly interviewed with interpreters and relevant medical and daycare information was not considered.
Evidence showed the child was thriving in the respondent mother’s care and that allegations of medical neglect and safety concerns involving the mother’s friend were unsupported by the evidence and prior investigations.
The court also found the father not credible and concluded that no material change in circumstances had been established within the meaning of s. 17(5) of the Divorce Act.
Even if a material change had been proven, transferring custody would not have been in the child’s best interests.
