The appellant mother appealed an order varying a custody and access order that changed the child's primary residence to the respondent father.
The Court of Appeal allowed the appeal, finding that the motion judge lacked jurisdiction to vary the order because there was no explicit finding of a material change in circumstances.
Furthermore, the motion judge erred by resolving conflicting affidavit evidence without a trial and by failing to adequately consider the child's best interests.
The original custody order was restored following a six-week transition period.
