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B.C. Appeal Court rules judge ‘made his own findings of fact’ in custody case

Monday, March 26, 2018 @ 10:22 AM | By Ian Burns

The B.C. Court of Appeal has overturned a decision of a lower court judge to allow relocation in a child custody case, saying the judge erred by admitting new evidence on appeal and in essence continued the trial, thus exceeding the scope of appellate review.

The appeal in Kane v. Proffitt 2018 BCCA 106, deals with the custody arrangements of the special needs son of Paul Kane and Melanie Proffitt. In 2014, Proffitt gave notice to Kane that she planned to move from Vancouver to B.C.’s...