What is the scope of intervention of the Court of Appeal into an order of custody and child support following divorce?
Newfoundland and Labrador, Canada
The following excerpt is from Cluney v. Melendy, 1995 CanLII 9882 (NL CA):
The law with respect to the scope of intervention of an appeal court into orders with respect to custody and child support following divorce is clear. It was recently affirmed in Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670; 173 N.R. 321; 125 Sask.R. 81; 81 W.A.C. 81, in the context of an application to vary child support. The trial judge’s exercise of discretion ought not be disturbed in the absence of material error which would include significant misapprehension of evidence or acting on a wrong principle. We have not been convinced that such has occurred here.
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