Can a Master's decision on interim custody and access matters be interfered with on appeal?
British Columbia, Canada
The following excerpt is from R.O.M. v. R.J.M., 2002 BCSC 1812 (CanLII):
In Thibault v. Rovello (1999), B.C.J. 1457, Meiklem J. reviewed the authorities and concluded at paragraph 15: In my view, there can be no absolute rule that a Master's decision on interim custody and access matters are purely interlocutory, and should not be interfered with on appeal unless established to be clearly wrong. Interim rulings concerning custody of children or access to children must be examined on a case-by-case basis, to determine if the interim ruling will likely have a direct bearing on the disposition of those issues at trial, bearing in mind the specific issues and the length of time the interim ruling will be in place.
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