The appellant appealed a trial judge's decision granting primary care of a child to the respondent, arguing the trial judge erred by failing to give primacy to the principle that siblings should not be separated except in extreme and compelling circumstances.
The Divisional Court dismissed the appeal, finding no error of law or principle.
The trial judge had properly considered the relevant provisions of the Children's Law Reform Act, expressly addressed the case law on separating siblings, and balanced all factors to determine the child's best interests.