The appellant father appealed a trial judgment awarding sole custody of the parties' two children to the respondent mother and failing to determine access.
The Court of Appeal found that the trial judge erred in principle by placing undue emphasis on the father's past deceitful conduct and insufficient emphasis on the children's best interests under the Divorce Act.
The trial judge failed to consider the children's needs, the maximum contact principle, and the merits of the existing shared parenting arrangement.
The appeal was allowed and a new trial was ordered on the issues of custody, access, and child support.
