Monday, February 27, 2012

Custody decisions are owed considerable deference

CAS of Toronto v. N.A., 2012 ONCA 128 is a good source for the principle that custody decisions are owed considerable deference:

[12]     The custody decisions of trial judges are owed considerable deference by reviewing courts.  A trial judge's decision will, therefore, not be interfered with unless there is an error in principle, a failure to consider a relevant factor or a consideration of an irrelevant factor, or a lack of factual support for the judgment. 

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