The appellant father appealed a summary judgment decision finding his child in need of protection and placing her in the custody of the respondent mother.
The child had threatened suicide during access visits, which the motions judge found was proximately caused by the father's inappropriate conduct and obsession with proving parental alienation syndrome.
The Divisional Court dismissed the appeal, finding the motions judge made no palpable and overriding error in relying on the available evidence.
The court also noted that the significant delay in perfecting the appeal rendered the requested remedy of a new trial impractical given the child's age and consistent refusal to see the father.