What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access?
British Columbia, Canada
The following excerpt is from L.S. v. G.S., 2014 BCCA 334 (CanLII):
The standard of review to be applied by an appellate court reviewing the decision of a trial judge concerning matters of custody and access is that set out in Van de Perre v. Edwards, 2001 SCC 60, [2001] 2 S.C.R. 1014, citing Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518. In short, appeal courts should not overturn orders of trial judges unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or an error in law.
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