2 total
Appeal allowed and summary judgment granted making children Crown Wards due to parents' inability to parent.
The Kawartha-Haliburton Children's Aid Society appealed a decision dismissing its motion for summary judgment in a child protection proceeding.
The Society sought an order finding the two infant children in need of protection and making them Crown Wards for the purpose of adoption.
The parents, who both have significant developmental and cognitive issues, opposed the motion.
The Divisional Court found that the motions judge erred in concluding there were genuine issues for trial, as the evidence overwhelmingly demonstrated the parents' inability to care for the children and the lack of a realistic plan of care.
The appeal was allowed, and summary judgment was granted making the children Crown Wards with no access.
Crown Wardship ordered for three children with no access to parents due to need for permanency.
The Kawartha-Haliburton Children's Aid Society sought Crown Wardship for three children due to ongoing child protection concerns, including exposure to domestic violence, parental substance abuse, and chaotic lifestyles.
The two older children had significant special needs requiring intensive therapy.
The mother sought the return of the children, while the fathers sought access or placement with extended family.
The court found all three children in need of protection and concluded that none of the parents' plans could provide the necessary stability and permanency.
The court ordered Crown Wardship for all three children.
The court denied the parents' requests for access, finding that the relationships were not beneficial and meaningful to the children and that access would impair their future opportunities for adoption.
The orders for the two older boys were silent as to access to allow for clinically managed contact if recommended by their therapists, while the order for the youngest child specified no access.
