Legal Question in Family Law in Canada
child custody appeal
My 4 year old son has lived with me for 4 years. and the trail judge said im a fit good mom and the child is doing great. but the judge still changed the primary resisdence and gave it to my ex- husband. i'm appealing it what's my chances of success? and also their was error in law the judge made by preferring more western family than a traditional family. what's my chances winning this appeal?
1 Answer from Attorneys
Re: child custody appeal
This question is far too complex for answering on a summary advice website such as LawGuru. At a minimum it requires an examination of the evidence (reports, letters, Form 89 Financial Statements & other documents) and the transcript from the trial as well as the Court's reasons for Judgment.
Appeals are not "another kick at the can" but rather an examination by the Court of Appeal for British Columbia to determine if the trial judge made any errors in the conduct of the trial or in the trial judge's reasoning. They do not involve the Appeal Court substituting its own idea of what the outcome should be unless the trial judge made an error in law or sometimes an error of fact.
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