The appellant father appealed a final custody and access order that granted joint custody and gradually increased the respondent mother's access to their child.
The appellant also brought a motion to introduce fresh evidence regarding the child's recent regressive behaviour.
The Divisional Court dismissed the motion for fresh evidence, finding it did not meet the Palmer test and consisted largely of uncorroborated hearsay.
The court also dismissed the appeal, concluding that the trial judge made no palpable and overriding errors in assessing the child's best interests, the mother's history of substance abuse, and the parties' ability to communicate.
