Cheryl Hess

The appellant mother appealed a child protection judgment making her three children Crown wards.

She sought to introduce fresh evidence and argued the trial judge erred by admitting and relying heavily on a court-ordered parenting assessment by Dr. Lynch, while disregarding competing medical reports.

The Divisional Court dismissed the appeal, finding the fresh evidence inadmissible as it was available at trial.

The court held the trial judge made no palpable and overriding error in admitting Dr. Lynch's report under section 54 of the Child and Family Services Act, nor in preferring his evidence over the appellant's experts.

Claims of judicial bias and ineffective trial counsel were also dismissed.

The applicant mother brought a motion to establish that the Ontario Superior Court of Justice has jurisdiction to determine custody and access of the parties' three-year-old child.

The respondent father brought a motion to stay the application, arguing that a prior Québec order ratifying a 2009 custody agreement gave Québec exclusive jurisdiction.

The court found that the 2009 agreement and subsequent Québec order were null and void because the parties had reconciled for nearly two years after signing it.

The court held that the child was habitually resident in Ontario, or concurrently in Ontario and Québec, and that Ontario was the appropriate forum.

The mother's motion was granted and the father's motion to stay was dismissed.

Child protection disposition following an amended status review under the Child and Family Services Act concerning two young children with significant behavioural and developmental challenges.

The applicant society sought Crown wardship without access for the purpose of adoption and a restraining order against the father.

Both parents opposed the application and proposed separate plans of care, including supervision orders and kinship placement with maternal grandparents.

The court found the children continued to be in need of protection and that neither parent’s plan provided sufficient stability, parenting capacity, or ability to work cooperatively with required support services.

Crown wardship for the purpose of adoption was ordered and a restraining order was issued restricting the father’s contact with the society, foster parents, and future adoptive parents.