Claude F. Leduc

The Children's Aid Society brought a summary judgment motion on a status review application, seeking a final order granting custody of two children to their maternal great aunt and uncle.

The children's mother and maternal grandmother opposed the motion, seeking custody or placement with supervision.

The court found that the children had flourished in the care of their great aunt and uncle for three years and that there was no realistic possibility of an outcome other than a custodial order in their favour.

Summary judgment for custody was granted, but the issue of access was directed to trial.

The applicant father sought sole custody of the parties’ child under the Children’s Law Reform Act, seeking to vary a prior Quebec order granting the mother custody.

Evidence showed the child had lived with the father in Ontario since 2011 after significant instability in the mother’s household, including substance use, frequent moves, exposure to domestic violence, and concerns raised by Quebec child protection authorities.

The child’s academic performance, stability, and wellbeing improved substantially after moving to the father’s care, supported by school evidence and an Office of the Children’s Lawyer report recommending custody to the father.

Although the mother demonstrated recent improvement and maintained a positive relationship with the child, the court found that the child’s best interests favoured maintaining the stable environment established with the father.

Sole custody was granted to the father with extensive access to the mother and various counselling and behavioural conditions imposed on both parents.