The moving party father sought leave to appeal an interim order that changed sole custody to joint custody with week-about access, and ordered him to pay child support.
He argued the motion judge erred by finding a material change in circumstances and by deciding child support after presiding over a brief settlement conference.
The Divisional Court dismissed the motion for leave to appeal, finding that the disproving of the father's earlier allegations regarding the mother's mental health and flight risk constituted a material change in circumstances.
The court also found no breach of the Family Law Rules regarding the settlement conference, as the motion judge relied solely on the evidentiary record.
The request for a stay pending appeal was also dismissed.
