Does the Court of Appeal have any authority or deference to a motion judge's decision to vary a custody order?
Ontario, Canada
The following excerpt is from D.D. v. H.D., 2015 ONCA 409 (CanLII):
An appellate court is not to overturn a custody order in the absence of a material error, a serious misapprehension of the evidence or an error in law: King v. Mongrain, at para. 32. In the present case, as the motion judge gave no reasons for varying the custody order, no deference is owed that decision.
In any event, however, the motion judge made clear errors of law which dictate that the custody order be set aside. Those errors are made manifest through a consideration of this court’s decision in King v. Mongrain. King v. Mongrain
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