The father brought a motion for civil contempt against the mother regarding a consent access order.
The motion judge found the contempt was not established but set aside the access order.
The mother appealed.
The Court of Appeal allowed the appeal on consent, finding that contempt is a remedy of last resort and the father should have sought to vary or enforce the order instead.
The court held the motion judge erred in setting aside the order without a contempt finding or under parens patriae jurisdiction.
The original access order was reinstated with temporary modifications.
