The appellant father brought a motion to stay a custody order and for an order awarding joint custody pending appeal.
The trial judge had awarded custody of the two children to the respondent mother.
The father argued that the mother's recent move constituted a material change in circumstances.
The Court of Appeal held that the father should bring a motion to vary before a Superior Court judge rather than seeking a stay, as the motion was effectively seeking to vary the trial judge's order.
The motion for a stay was adjourned sine die, and the motion for joint custody was dismissed for lack of jurisdiction.
