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.
