The appellant father appealed a Family Court order granting the mother sole custody of their two children with supervised access to him, and allowing the Children's Aid Society to withdraw its protection application.
The father argued the motions judge erred in finding a material change in circumstances, hearing the matters simultaneously, allowing the withdrawal without a full hearing, and improperly relying on a section 54 assessment report.
The Court of Appeal dismissed the appeal, finding the motions judge properly applied the test for varying custody due to parental alienation, correctly exercised discretion to hear the matters together, held an appropriate hearing for the withdrawal, and did not improperly rely on the assessment report.
