2 total
Appeal of interim equal parenting order dismissed; motion judge made no palpable and overriding errors.
The appellant mother appealed an interim order granting the respondent father equal parenting time with their two-year-old child.
The mother argued the motion judge erred by ignoring the status quo, minimizing allegations of family violence, and failing to adequately consider the child's medical conditions.
The Divisional Court dismissed the appeal, finding that the motion judge made no palpable and overriding errors in assessing the child's best interests under the Divorce Act.
The court held that the motion judge properly considered the father's willingness to care for the child, the unlikelihood of family violence recurring post-separation, and the maximum contact principle.
Motion for leave to appeal granted and appeal ordered to be expedited.
The moving party sought leave to appeal the decision of the lower court.
The Divisional Court granted the motion for leave to appeal, ordered the appeal to be expedited, and reserved the issue of costs to the panel deciding the appeal.
