What is the standard of review applied to the exercise of discretion in custody?
Alberta, Canada
The following excerpt is from D.B. v. R.B., 1996 ABCA 248 (CanLII):
A high standard of review is applied to the exercise of any discretion, including decisions relating to custody. The exercise of a discretion will not be interfered with unless it was based on a palpable and overriding error, which includes a significant misapprehension of the evidence: Willick v. Willick (1994) 1994 CanLII 28 (SCC), 6 R.F.L. (4th) 161 (S.C.C.).
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