C.M. Murphy

The York Region Children’s Aid Society brought a motion for summary judgment seeking to find two children in need of protection and place them in extended society care with no parental access.

The parents opposed, seeking the children's return.

The court reviewed the extensive history of child protection involvement with the parents, including multiple previous summary judgments concerning their other children, and found overwhelming evidence that the parents had failed to address long-standing concerns regarding their parenting capacity, mental health, and cooperation with services.

The motion was granted, finding the children in need of protection and ordering extended society care with no parental access, while allowing sibling access at the Society's discretion.

The applicant father sought an urgent motion for resumption of parenting time, alleging the respondent mother breached a prior order by withholding their child due to COVID-19 concerns.

The respondent mother brought a cross-motion for an urgent order to suspend access, citing the child's vulnerability to the virus.

The court found both motions urgent, applying the test from Thomas v. Wohleber.

While acknowledging the mother's past gatekeeping behavior and finding her in contempt previously, the court emphasized the importance of children maintaining contact with both parents during the pandemic.

The court did not grant immediate police enforcement or suspension of access but ordered a teleconference Case Conference with the Ontario Children's Lawyer (OCL) to facilitate resolution and strengthen the father-daughter relationship.