Can a custody and access award be overturned on appeal?
Alberta, Canada
The following excerpt is from Beckedorf v. Beckedorf, 2008 ABCA 409 (CanLII):
Custody and access awards are inherently exercises of discretion entitled to considerable deference, and should not be overturned on appeal absent an error in principle, a significant misapprehension of the evidence, or where the award is clearly wrong (see Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for appeal leave to appeal the decision of a development appeal board? (Alberta, Canada)
What is the standard of access to counsel, access to transcripts and access to appellate review? (Alberta, Canada)
In what circumstances will the Court of Appeal have any hesitation in overturning an award of damages by a jury? (Alberta, Canada)
What is the test for overturning a child support award? (Alberta, Canada)
Is there a material change in the circumstances of custody of the child since the last custody order has been made? (Alberta, Canada)
In an application for a writ of habeas corpus, is the court bound by virtue of the fact that the court has granted custody of a child in a custody dispute? (Alberta, Canada)
What is the range of damages awarded by the Court of Appeal for a cardiac arrest? (Alberta, Canada)
What is the effect of a written settlement agreement setting custody and access? (Alberta, Canada)
What is the test for overturning findings of fact of the trial judge on appeal? (Alberta, Canada)
What is the test for determining custody and access under s. 3(1) of the Divorce Act? (Alberta, Canada)
