The appellant mother appealed a custody order that placed the child in the custody of the respondent father after she relocated out of the jurisdiction.
She argued the trial judge misapplied the law and failed to properly weigh the factors regarding the child's best interests.
She also sought to introduce fresh evidence regarding the father's association with an individual charged with drug offences.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's application of the best interests test or his weighing of the evidence.
The court also admitted the fresh evidence but concluded it did not warrant setting aside the custody order, noting the mother had not raised concerns with child care authorities and had elected not to return to the jurisdiction.
