In a high conflict family law court case where custody and access to the children were the main issues, the complainant found the judge to be biased, erroneous and in breach of the complainant’s rights.

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In a high conflict family law court case where custody and access to the children were the main issues, the complainant found the judge to be biased, erroneous and in breach of the complainant’s rights. The complainant also felt that the judge should be removed from the case as the judge allegedly favored the complainant’s ex-husband. It was noted that the complainant had presented a recusal motion and that it had been denied. The Court of Appeal did find that irregularities in the procedures were serious and required its intervention.

The Council concluded that the Court of Appeal fully reviewed the decision, as is appropriate, and it did not warrant further consideration on the part of the Council. The fact that a judge errs in their judicial decision-making process is a matter for an appellate review and is not an issue of conduct. This concluded the matter.

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