Can an application to vary the custody of a child be considered an indirect route of appeal from the original judge?
Ontario, Canada
The following excerpt is from Kakkar v. Nandwani, 2012 ONSC 2726 (CanLII):
In Wilson v. Grassick 1994 CANLII 4709(SKCA), the court stated: “The requirement of a material change in the situation of the child means that an application to vary custody cannot serve as an indirect route of appeal from the original custody order. The court cannot retry the case, substituting its discretion for that of the original judge; it must assume the correctness of the decision and consider only the change in circumstance since the order was issued.”
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