Deborah Rosefield

On a temporary care and custody motion under s. 51 of the Child and Family Services Act, the child protection agency sought an order placing a child in the temporary care and custody of the mother under the Society’s supervision with multiple conditions.

The child had previously been apprehended due to domestic violence exposure, concerns about the condition of the home, and questions regarding the mother’s mental health and cooperation with the Society.

The father opposed the motion and sought to maintain Society care while pursuing access.

The court applied the statutory test under s. 51(3) and emphasized the CFSA’s paramount objective of promoting the best interests, protection, and well-being of children while favouring the least disruptive course consistent with safety.

Finding that the child could be adequately protected through a supervision order and that the mother had taken meaningful steps to address protection concerns, the court ordered the child returned to the mother’s care subject to extensive conditions.

In child protection proceedings, the applicant society brought a motion for summary judgment seeking a final order granting sole custody of the child to the father with supervised access to the mother.

The evidence demonstrated a lengthy history of domestic violence, substance abuse, mental health instability, and inconsistent participation in treatment and parenting programs by the mother.

The father had cooperated with the society, completed counselling and anger management programs, and was providing stable care for the child.

The mother filed no responding evidence and sought an adjournment at the hearing.

The court held there was no genuine issue requiring a trial and granted sole custody to the father under the Child and Family Services Act with conditions and supervised access to the mother.