In a child protection proceeding, the respondent mother brought a motion seeking the immediate return of her child to her care and dismissal of the society’s protection application.
The court held that the requested final relief was not available on a motion and treated the request as a motion under s. 51(6) of the Child and Family Services Act to vary an existing order.
The court found a material change in circumstances based on the mother’s engagement with treatment, but also concluded there remained a risk of harm to the child due to the mother’s history of mental health decompensation.
The court accepted that the risk could potentially be managed through a supervision order and provided the mother an opportunity to agree to terms of supervision.
If the mother refused supervision, the motion would be dismissed.
