The mother sought leave to appeal an interim order that transferred the primary residence of the child to the father.
The motion judge had relied heavily on a report from the Office of the Children's Lawyer, which raised serious concerns about the mother's mental health, specifically her schizophrenia and medication non-compliance.
The mother argued that the motion judge erred in relying on the untested report to change the status quo prior to trial.
The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the interim decision and noting that the case was fact-driven and did not raise matters of public importance warranting appellate review.