The mother appealed orders granting sole custody to the father, terminating his support obligations, and requiring her to pay child support.
The motion judge had made these orders after finding the mother in contempt for failing to return the children to Ontario from Alberta, and had prohibited the mother from participating in the hearing.
The Court of Appeal allowed the appeal, finding the motion judge erred by deciding custody without a full evidentiary record, failing to consider the children's best interests (including the father's history of domestic violence), improperly delegating access decisions to the father, and varying support without adequate evidence or consideration of statutory factors.
The orders were set aside and a new hearing was ordered.
