SCARLETT & BRADSHAW

Scarlett and Bradshaw were the parties in a family law matter concerning the arrangements for the child’s time to be spent with each parent. The court was required to decide several legal issues, including whether the trial judge had correctly formulated the child’s time-sharing arrangement, whether the trial judge had appropriately considered the parents’ capacity to implement the arrangement, and whether the trial judge had erred in considering the expert witness’s recommendations. The court also considered whether further evidence could be presented on appeal regarding the father's completion of an anger management course.

The court found that the trial judge was not bound to adopt either of the parents’ proposed time-sharing arrangements and had the discretion to formulate his own orders. The court concluded that the trial judge's reasoning was sound and based on the evidence presented. It was held that the trial judge had adequately considered the parents’ capacity to implement the arrangement and did not err in considering the expert witness’s recommendations, as a trial judge can accept parts of a witness’s evidence while disregarding others. The appeal was dismissed, and the court allowed the parties to present further evidence regarding the father's completion of an anger management course. The court also directed that any party seeking an order for the costs of the appeal must file written submissions within the specified timeframe.

The court dismissed the appeal and directed that any party seeking costs must file written submissions. The court allowed the application to adduce further evidence relating to the father's completion of an anger management course.