C. Lauer

The applicant child protection agency sought a temporary order placing two children in the care of their maternal grandparents, citing concerns about the parents' mental health and historical conflict.

The respondent mother opposed the motion, seeking the return of the children to her care subject to agency supervision.

The court found that the agency failed to establish reasonable grounds to believe the children would suffer harm if returned to the mother under supervision, noting that the parents had separated and the agency relied heavily on the grandmother's uncorroborated statements.

The children were ordered returned to the mother with conditions.

In a family law motion concerning parenting time, the father sought a regular access schedule with the child while the mother preferred a flexible arrangement dependent on the child’s willingness to visit.

The court considered the child’s participation in a behavioural therapy program addressing oppositional defiance and anxiety disorders and the ongoing involvement of the Office of the Children’s Lawyer.

The judge concluded that leaving access entirely dependent on the child’s choice was inappropriate.

An interim structured access schedule was ordered, with expanded overnight access contingent on the father’s participation in the child’s therapy program and subject to the therapist’s recommendation.

The order was to remain in force pending the Office of the Children’s Lawyer report and further court direction.