The self-represented appellant father appealed a summary judgment order granting sole custody of the two teenaged children to the respondent mother, with access at the children's discretion.
The father argued the motion judge erred in hearing the summary judgment motion after the matter was set for trial, in applying the evidentiary burden, and in assessing the children's best interests.
The Court of Appeal dismissed the appeal, finding the motion judge correctly applied the summary judgment framework and properly considered the children's best interests, including their expressed wishes not to have court-ordered access with the father.
