Brent Walmsley

The Kawartha-Haliburton Children’s Aid Society brought a motion for summary judgment seeking a finding that the child, JB, is First Nations, was removed from parental care due to protection concerns, is in need of protection under the Child, Youth and Family Services Act, 2017 (CYFSA), and should be placed in extended society care for adoption without parental access.

The parents opposed, seeking access.

The court found JB to be a First Nations child and in need of protection due to hazardous home conditions, ongoing parental substance abuse (including carfentanil), and inability to meet the child's developmental and emotional needs.

Despite acknowledging parental poverty and mental health issues, the court determined that the Society had fulfilled its obligations and that extended society care for adoption, with no parental access, was in the child's best interests, particularly given the foster family's demonstrated commitment to preserving the child's Indigenous cultural identity.

In a high-conflict custody dispute, the respondent mother brought an emergency motion seeking permission to relocate with the child to Alberta after previously relocating without the applicant father’s consent contrary to a consent order.

The father had sought joint custody and the child’s return to Ontario, and the court had earlier ordered the child returned pending further proceedings.

On the emergency motion, the court noted the father had not complied with previous court directions requiring evidence addressing substance abuse history, criminal record, and plans to re-establish a relationship with the child.

Given the incomplete evidentiary record, the court adjourned the relocation motion and imposed a strict deadline for the father to file the required materials.