What is the standard of review in custody cases?

The standard of review in custody cases is that an appellate court should not disturb the decision in the absence of a material error, a serious misapprehension of the evidence or an error of law. See Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518. As noted by Justice L’Heureux-Dubé in that case (at para. 10): “.... [Trial judges] must balance the objectives and factors set out in the Divorce Act or in provincial support statutes with an appreciation of the particular facts of the case. It is a difficult but important determination, which is critical to the lives of the parties and to their children. Because of its fact-based and discretionary nature, trial judges must be given considerable deference by appellate courts when such decisions are reviewed.”