Mantell v. Mantell

Order unanimously reversed, without costs, and proceeding remitted to the Ontario Family Court for further proceedings in accordance with the following memorandum: Our courts normally favor custody of young children remaining with the mother. However, it is a well-settled principle that their custody cannot be taken from one parent without adequate proof that it is harmful'for the' children to continue in the custody of the parent who is sought to be deprived of the same. (Matter of Wout v. Wout, 32 A D 2d 709.) There is no proof that the welfare of the children would be adversely affected by…