Caitlyn Symsyk-Dekker

The Children's Aid Society brought a motion for a temporary care and custody order regarding two children, aged 12 and 14 months.

The children had been removed from the mother's care following incidents of domestic violence and substance abuse, and placed with relatives.

The mother sought the return of the children.

The court found that the parents had repeatedly breached voluntary services agreements and that there was a risk of harm to the children if returned to the mother's care.

The court ordered that the children remain in their current placements.

The children's aid society brought a motion for summary judgment seeking a final order placing the child in the custody of the father and stepmother.

The mother opposed the motion, seeking the return of the child to her care.

The court found that the mother continued to struggle with undiagnosed health issues that impeded her ability to care for the child, and that the child's health and behavior had significantly improved in the care of the father and stepmother.

Applying the framework for summary judgment in child protection proceedings, the court concluded there was no genuine issue requiring a trial and granted the society's motion, ordering custody to the father and stepmother with supervised access for the mother.