The appellant father appealed an order dismissing his appeal of a motion judge's order granting custody of their son to the respondent mother and ordering child support.
The appellant argued that the Charter applied due to the Office of the Children's Lawyer's refusal to become involved, that the custody request was moot, and that hearing fairness was compromised.
The Court of Appeal dismissed the appeal, finding that the Charter does not apply to private custody disputes, the matter was not moot at the time of the lower court orders, and there was no evidence of unfairness.
Costs of the appeal were awarded to the respondent.
