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The court temporarily set aside a final adoption order to remedy an agency's failure to provide statutory notice regarding sibling openness orders.
The applicant child welfare agency sought direction from the court regarding an adoption order made in March 2013.
The agency had failed to comply with statutory notice requirements under the Child and Family Services Act before placing the child for adoption.
Specifically, the agency did not provide required notice to the Office of the Children's Lawyer regarding existing access orders between the adopted child and her sibling.
The court determined it had jurisdiction to temporarily set aside the adoption order to allow the notice requirements to be fulfilled and to permit applications for openness orders to be made on the merits, balancing the policy of adoption finality against fundamental fairness to the affected children.
Stay pending appeal denied where no arguable appeal and access not in child’s best interests.
The appellant mother brought a motion to stay a Crown wardship order without access pending appeal.
The underlying order granted summary judgment to the child protection society and placed the child in Crown wardship for purposes of adoption.
The court applied a two‑part test requiring an arguable issue on appeal and a determination of the child’s best interests under s. 69(4) of the Child and Family Services Act.
The judge found no arguable merit in the proposed appeal grounds and concluded that reinstating access would not be in the child’s best interests given the child’s stability with foster parents and evidence of anxiety related to access.
The motion for a stay and interim access pending appeal was dismissed.
