What is the test for a motion judge to award sole custody to the father of the child?

In the present case, the motion judge considered the best interests of the child when he concluded sole custody should be awarded to the father. He employed the two-part analysis prescribed in Gordon v. Goertz. After determining there had been a change in circumstances, he undertook a fresh inquiry into the best interests of the child. The judge devoted considerable time and effort in applying each of the seven criteria contained in the definition of “best interests of the child” as outlined in s. 1 of the Family Services Act to the facts of this case. It should be noted this case is unique in the sense that the motion judge had unchallenged evidence before him which indicated that from 2007-2009, the child spent a substantial amount of time with her father. The child has been in the father’s full-time care since June 2010. In my view, the motion judge did not err in interpreting the evidence before him and there was ample evidence to support his determination that it is in the child’s best interests to be in the father’s custody. D. Voice of the Child assessment