The Children's Aid Society of Algoma brought a motion seeking three orders: (1) withdrawal of a prior motion dated June 8, 2018; (2) variation of temporary care and custody of three children from the society to their maternal grandmother; and (3) continuation of existing interim parental access orders.
The court found that the applicant society did not require a court order to withdraw its motion, as parties have the right to withdraw applications subject to cost consequences.
The court granted the variation of temporary care and custody from the society to the maternal grandmother under section 94(2)(c) of the Child, Youth and Family Services Act, 2017, as this placement with kin was preferable to placement with the society and would remove a legal impediment to the grandmother obtaining a deemed custody order.
The court found the claim regarding continuation of access orders to be unnecessary as existing orders continue until varied or superseded.
