In a child protection status review matter, the society sought summary judgment for a final custody order placing three children with a kin caregiver and for discretionary access terms.
The court held that summary judgment in child protection proceedings requires exceptional caution, careful screening for inadmissible hearsay, and confidence that the record permits a fair and just best-interests determination.
The affidavit record was insufficient because it was heavily dependent on hearsay, lacked direct evidence on material protection and placement issues, and raised live disputes about the kin caregiver’s household stability, parenting history, discipline practices, and the practical reality of parental access.
The court concluded that there were genuine issues requiring a trial and that cross-examination was essential before final placement and access orders could be made.
