The Children's Aid Society of Ottawa (Society) brought a motion for summary judgment seeking a finding that the child, D.G., was in need of protection due to the mother's mental health and substance abuse issues, and for an order granting sole legal custody to the father with discretionary access for the mother.
The father consented to the motion, while the mother, self-represented, opposed it, arguing the father also had issues and requesting an adjournment to complete a treatment program.
The court granted the Society's motion, finding no genuine issue requiring a trial.
The court determined that the child was in need of protection under the Child, Youth and Family Services Act, placed the child in the sole legal custody of the father as the least intrusive disposition, and ordered that the mother's access be at the father's discretion, to be supervised, given her ongoing struggles and inconsistent visits.
The court also permitted the father to obtain a passport for the child and travel without the mother's consent, subject to providing an itinerary.
