In a child protection status review proceeding under the Child and Family Services Act, the respondent mother brought a motion seeking temporary care and custody of two children pending trial, or alternatively expanded unsupervised access.
One child had been apprehended and placed in foster care, while the other was residing with the father under a supervision order.
The court considered whether the apprehended child should be returned to the mother pursuant to s. 51(2) of the Act and whether a change in the existing supervision arrangement was warranted under s. 64(8).
The court found credible evidence suggesting a risk of harm arising from the mother's lifestyle choices, including concerns regarding drug use, exposure to prohibited contact, and instability.
The motion was dismissed and the existing placement arrangements remained in place pending trial.
