What is the test for a motion to overturn an interim custody decision?

Custody decisions are inherently an exercise in discretion and should not be readily overturned. However, if the motions judge did not consider relevant factors or evidence, this might indicate that the factors were not properly weighed. In such a case, an appellate court may review the evidence proffered on the motion to determine if the motions judge ignored or was misdirected with respect to relevant evidence. However, omissions in the reasons will not necessarily entitle the appellate court to review the evidence heard on the motion. The test is that an omission is only a material error if it gives rise to the reasoned belief that the motions judge must have forgotten, ignored, or misconceived the evidence in a way that affected the conclusion. Without this reasoned belief, the appellate court cannot reconsider the evidence (Weeks v. O'Connor, para.39). Interim motions and interim orders