11 total
Temporary care and custody of newborn granted to society due to risk of harm and neglect.
The applicant society brought a motion for temporary care and custody of a newborn child with high medical needs.
The parents opposed the motion, seeking the child's return to their care.
The court found substantial risk of harm to the child due to the parents' history of domestic violence, extreme neglect of their four older children, and inability to follow society directions.
The court concluded that no terms of supervision could adequately protect the child and ordered that the child remain in the temporary care of the society.
The court granted summary judgment placing a child in need of protection in the custody of his paternal grandparents, reserving access issues for a focused hearing.
The Highland Shores Children’s Aid Society brought a summary judgment motion in a Status Review Application, seeking sole custody of the child B.B. to his paternal grandparents.
The respondent mother opposed, arguing for genuine issues requiring a trial and seeking B.B.'s return to her care or placement with maternal grandparents.
The court found B.B. remained in need of protection and granted custody to the paternal grandparents, citing the mother's inconsistent access, unhealthy relationships, and lack of insight.
However, the court determined that issues regarding parental access, decision-making authority, and sibling access required a focused hearing, dismissing the mother's requests for a Children's Lawyer appointment and a Parenting Capacity Assessment as unnecessary for the custody determination.
Summary judgment granted finding child in need of protection after mother fled to the US.
The applicant children's aid society brought a motion for summary judgment seeking a finding that the child was in need of protection.
The mother had fled with the child to the United States, living in her car and shelters, and exhibiting erratic behaviour and suspected paranoia.
The court found no genuine issue requiring a trial, concluding that the mother's actions put the child at risk of physical and emotional harm.
The motion was granted, and the child was found in need of protection.
Motion granted to add kin caregiver as a party and for court review of kin assessments.
The Office of the Children's Lawyer brought a motion to add W.M., a family friend caring for one of the subject children, as a party to the child protection proceedings and for production of the Society's kin assessments of W.M. The Society opposed production on policy grounds and expressed concern about delay if W.M. were added as a party.
The court granted the motion, finding that W.M. had a legal interest in the proceedings and her participation was necessary to advance a plan of care for both children.
The court also ordered the kin assessments to be produced to the court for review, applying the likely relevance threshold and balancing probative value against privacy interests.
Child placed in extended society care for adoption; parents granted access minimum once per month.
The children's aid society sought an order placing a 16-month-old child in extended society care for the purpose of adoption.
The parents sought the return of the child subject to society supervision.
The court found that the parents' unaddressed mental health issues, history of child welfare involvement, and relationship instability posed too great a risk to the child's safety and well-being.
The court ordered the child placed in extended society care.
Applying the expanded access test under the CYFSA, the court found that an access order was in the child's best interests as the relationship was beneficial and there was no evidence it would impair future adoption opportunities.
Access was granted at the society's discretion, with a minimum of once per month.
The court confirmed a Crown Wardship order without access, finding it lacked authority to direct out-of-province kinship placement.
This case concerns the care and custody of a child (B.N.) born in 2015 who has been in the care of the Society since October 2015.
The child was found to be in need of protection in April 2016 due to neglect and risk of emotional harm.
On September 25, 2017, the child was made a Ward of the Crown with a plan for adoption by the maternal grandfather and step-grandmother in Alberta.
However, the step-grandmother withdrew the adoption plan in October 2017, citing concerns about the mother's continued drug use, lack of commitment to the agreed plan, and the grandfather's deteriorating health.
The mother sought to enforce the original plan or obtain a full assessment of the grandparents.
The court found that the withdrawal of the plan could not be revived and that placement with the grandparents would not be in the child's best interests.
The court confirmed the Crown Wardship order without access for purposes of adoption, finding that the child requires permanency and that the Society should place the child with an adoptive family.
The court ordered two children placed in their father's care due to the mother's alienating behavior and risk of emotional harm.
This is a status review application under the Child and Family Services Act involving three children.
The Highland Shores Children's Aid Society sought supervision orders, proposing that two younger children be placed in the care of their biological father (R.G.) with supervised access to their mother, while the eldest child remain with her mother.
The mother opposed placement with the father, claiming the child did not wish to go.
The court found the children at risk of emotional harm due to the mother's pattern of denying sibling contact, interfering with paternal access, and demonstrating lack of insight into her children's emotional needs.
The court ordered the two younger children placed in the father's care with supervised therapeutic access to their mother, while the eldest remained with her mother due to her stated wishes.
An incarcerated mother's motion for temporary access to her infant child was dismissed.
A motion brought by an incarcerated mother seeking temporary access to her newborn child at a maximum security detention facility.
The mother, detained on armed robbery charges and awaiting trial, requested that the child be brought to the Quinte Detention Centre twice monthly for visits through a glass partition.
The child, placed with paternal grandparents in Renfrew County (three hours away), suffered from reflux disorder and car sickness.
The court dismissed the motion, finding that in-person access at the detention facility would not foster a positive relationship and could jeopardize the child's health.
The court prioritized the child's best interests over the parent's desire to bond.
Children ordered to remain in temporary society care due to severe neglect and parents' inability to meet medical needs.
The applicant society brought a motion for temporary care and custody of two children, who were apprehended due to severe neglect, malnutrition, and dental decay.
The parents sought the return of the children under a supervision order with the assistance of extended family.
The court found that the children were likely to suffer physical harm in the parents' care due to the mother's cognitive limitations and the parents' failure to recognize the severity of the children's medical and developmental needs.
The court ordered that the children remain in the temporary care of the society, subject to supervised access, pending a parenting capacity assessment.
Temporary society care was maintained due to severe child neglect and parental cognitive limitations.
The applicant Children's Aid Society sought to maintain temporary care and custody of two young children apprehended on December 19, 2012, due to serious neglect concerns.
The children were found to be severely malnourished and suffering from developmental delays and medical neglect.
The respondent parents sought return of the children, proposing supervision by extended family members.
The court found that the children were at imminent risk of physical harm due to neglect of basic needs, including nutrition, medical care, and developmental stimulation.
The court determined that a temporary supervision order would be inadequate to protect the children given the mother's significant cognitive limitations and the parents' failure to recognize the seriousness of the protection concerns.
The court ordered the children to remain in the Society's care pending completion of a parenting capacity assessment.
The court ordered Crown wardship without access for purposes of adoption.
The Highland Shores Children's Aid Society sought Crown wardship of a child born to parents with significant challenges.
The mother has developmental delays affecting her ability to care for the child independently.
The father struggles with alcohol abuse and domestic conflict characterizes their relationship.
Despite intensive support and supervision, the parents failed to comply with court-ordered conditions.
The court found the child in need of protection under sections 37(2)(b)(i) and 37(2)(g) of the Child and Family Services Act and ordered Crown wardship without access for purposes of adoption.