Following a family matters trial, the complainant expressed concern over the conduct of the judge during a hearing that concerned his fiancée, her child and the child’s father.

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Following a family matters trial, the complainant expressed concern over the conduct of the judge during a hearing that concerned his fiancée, her child and the child’s father. The hearing was regarding a motion filed by the child’s father to vary a previous court order granting sole custody to the mother. The complainant alleged that during the proceeding, the judge seemed disinterested and would make faces that could imply boredom. The judge allegedly said in his opening statement that he would allow twenty minutes per person and that his actions did not instill public confidence in the execution of justice.

n its response to the complainant, the Council explained that in family matters involving child custody, the judge is required to make orders of custody and access based on admissible evidence and, must always be governed by the “best interests of the child” and the law. The judge is also required to move the proceeding in a timely manner while ensuring both parties have an opportunity to present their case. The complainant considered that since the judge was allegedly a former addict and was known for showing sympathy towards fathers, he had let his emotions and empathy get in the way of making a decision. The Council deemed that this was purely speculation and did not rest on any evidence. The matter was closed.

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