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Appeal dismissed; trial judge erred by transferring custody based on mother's conduct rather than child's best interests.
The appellant father appealed an order varying a trial judgment that had removed the child from the respondent mother's home.
The trial judge had transferred custody to the father due to the mother's unwarranted interference with his access rights.
The appeal judge found the trial judge erred in principle by focusing excessively on the mother's conduct rather than the best interests of the child, and varied the order to award joint custody while allowing the child to remain in his lifelong home.
The Court of Appeal dismissed the father's appeal, agreeing that the trial judge failed to consider the impact of removing the child from his residence and siblings.
