Can a judge override a trial judge's decision that a shared parenting arrangement is working well?

Alberta, Canada


The following excerpt is from P.D.B. v. M.R.W, 2009 ABQB 532 (CanLII):

In Gregory v. Ball, 2005 ABCA 354, the mother submitted that the pre‑existing shared parenting arrangement was working well and there had been no change of circumstances to justify interference with that arrangement at trial. While that matter was governed by the Divorce Act, in my view the comments of Conrad J.A. apply to situations under the Family Law Act: 9 ...The interim order had been just that ‑ an interim order. The trial judge heard three days of evidence, including the evidence of a specialist, and took into account all of the relevant factors. We see no error that would allow this court to interfere with the trial judge's decision on this issue.

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