What is the standard of review applied by appellate courts in custody cases?
Ontario, Canada
The following excerpt is from Weare v Naumann, 2015 ONSC 5872 (CanLII):
It is appropriate to comment on the applicable standard of review to be followed by appellate courts in custody cases. In preparing reasons in custody cases, a trial judge is required to consider each of the factors set out in s. 24 of the CLRA in light of the evidence adduced at trial. A trial judge is not “obligated to discuss every piece of evidence in detail, or at all, when explaining his or her reasons for awarding custody to one person or another. See Van de Perre v. Edwards, [2001] 2 S.C.R. 104 at para. 10.
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