Chris Severn

The Mother (B.RP) brought a motion seeking the return of her child, L.D., into her temporary care under the supervision of Dnaagdawenmag Binnoojiiyag Child and Family Services (the Agency).

The child had been removed in January 2019 due to the Mother's mental health and drug addiction issues.

Despite the Mother's significant progress in sobriety and treatment, the Agency opposed the immediate return, citing long-standing concerns, limited recent access, and two concerning incidents during prior overnight visits.

The ongoing COVID-19 crisis further complicated the matter, as the Agency had suspended face-to-face access and lacked resources to monitor overnight visits.

The court found insufficient evidence to immediately return the child, concluding there was a real possibility of harm and that a supervision order could not adequately protect the child, especially given the pandemic's limitations.

The child had been residing stably with the Maternal Grandfather for over a year.

This trial addressed a dispute over a child's parenting schedule and child support.

The Applicant Mother sought primary care during the school year, while the Respondent Father sought a week-about schedule.

The court reviewed the father's past mental health incidents and current stability, and the mother's consistent parenting.

The court found the mother's primary care arrangement during the school year to be in the child's best interests, declining the father's request for week-about parenting during the school year due to concerns about his flexibility and past "obsession." Joint custody was ordered, with the mother having final decision-making authority on major issues.

Child support was determined based on the ordered parenting schedule.

The respondent was successful on a motion preventing the applicant from moving their two children outside of Barrie.

The respondent sought costs of $3,531.25 under Rule 24 of the Family Law Rules.

The court fixed costs at $1,000, payable at $100 per month, noting that while the applicant's decision to move for employment and lower rent was reasonable in other circumstances, it was not practicable given the children's best interests.

The applicant society sought an order for Crown wardship without access for an 11-year-old child who had been in care for over 38 months.

The respondent mother withdrew from the trial and abandoned her claim for access.

The court found the child could not be safely returned to the mother due to her ongoing substance abuse, domestic violence issues, and failure to engage in services.

The court ordered Crown wardship without access, finding that access would not be beneficial and would impair the child's opportunities for adoption.