What is the test for overruling a decision of a trial judge in a custody matter?
British Columbia, Canada
The following excerpt is from S.P. v. H.P., 2003 BCSC 588 (CanLII):
In Adams v. McLeod, supra, the court confirmed that the cardinal issue in any custody matter is the best interests of the child and all else is secondary. Further the court confirmed that the most authoritive pronouncement on the best interests of the child is by the trial court judge who hears the evidence and assesses it. Accordingly Mr. Justice Spence stressed that an Appeal Court should be very cautious in overruling the decision of a trial judge as the issues involved are personal and the trial judge is able to and does more than just assigning credibility (p. 334).
In Van de Perre v. Edwards, supra, the court again stated that: “The principal determination to be made in cases involving custody is the best interests of the child.” (p. 407).
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