Skip to content

Van de Perre v. Edwards, [2001] 2 SCR 1014, 2001 SCC 60 (CanLII)

Published under Child custody, Family law

Issue: Appeal of custody orders.  Complete Decision.

Decision:  An appellate court may only intervene in the decision of a trial judge if he or she erred in law or made a material error in the appreciation of the facts.  Custody and access decisions are inherently exercises in discretion. This discretion vested in the trial judge enables a balanced evaluation of the best interests of the child.