The appellant mother appealed a trial judgment that ordered joint custody and unsupervised access to the respondent father.
The Court of Appeal found that the trial judge made several material errors, including excluding evidence predating a prior consent order, ordering joint custody despite finding a change in custody would traumatize the children and the parents could not communicate, and ignoring the evidence of the court-appointed therapist who recommended no access for two years.
The appeal was allowed, the custody and access orders were set aside, and a new trial was ordered.
