Summary

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Summary

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Family law – Custody – Mother of child awarded sole custody with access to the father – Whether Court of Appeal allowed father sufficient opportunity to present his case – Whether Court of Appeal failed to ensure that there was no conflict in the terms of the order granted and failed to acknowledge words of trial judge that raise reasonable apprehension of bias – Whether trial judge failed to provide sufficient reasons for his judgment to reduce access for father or reasons to deny maximum contact for child to each parent as is in the child’s best interest – Whether trial judge reached conclusions which were not based on evidence that were instrumental in the reasoning for order and Court of Appeal did not address this.

The father and mother married in England in 2007 and separated in 2010. They have a son who was six years of age at the time of trial. He has lived with his mother since birth. At the time of trial, the father had access two weekdays per week and one overnight visit on the weekend. Both parties sought sole custody of the child.

Lower Court Rulings