The appellant father appealed a Superior Court decision dismissing his motion to change custody of a 12-year-old child.
The original custody order was made on consent to the mother in 2007.
The father argued that a psychological report ordered under the Children's Law Reform Act established a material change in circumstances affecting the child.
The Court of Appeal upheld the dismissal, finding that while the report documented parental conflict and the mother's anger negatively impacting the child, the continuation of parental conflict does not constitute a material change in circumstances.
The court noted that the mother had taken reasonable steps to address the identified issues, including enrolling in parenting programs and increasing the father's time with the child.
