Alexandre Lafrénière

The Children's Aid Society of Ottawa sought temporary care and custody of two children, D.M. and N.C., and an order for a s. 98 assessment of the mother and children.

The mother sought the immediate return of the children under a supervision order and opposed the assessment.

N.C.'s father sought limited supervised access.

The court found reasonable grounds to believe the children were at risk of harm if returned to the mother's care, citing a chronic pattern of unsanitary home conditions, lack of supervision, and the mother's lack of insight and cooperation.

The court dismissed the mother's request for the children's return and N.C.'s father's access motion, granting the Society's request for temporary care and custody and a s. 98 assessment.

The respondent mother brought a motion seeking temporary sole custody of the child, Lana.

The applicant father opposed, arguing to maintain the existing parental arrangement where he was the child's primary caregiver.

The court considered the effect of a prior reconciliation on a Nunavut interim custody order, the concept of material change in circumstances, and the child's best interests, emphasizing stability and the status quo.

The court found compelling reasons to re-examine the child's best interests as a temporary measure, noting significant changes in the child's life since moving to Ontario and the mother's guilty pleas to assault charges against the father.

The motion for sole custody was dismissed, and the child remained in the father's primary care, with an increase in the mother's access time.