In a child protection proceeding, the biological father brought a motion seeking interim care and custody of his young child, who has significant medical needs.
The child had been residing with a kin caregiver since being removed from the mother's care.
The court applied the two-part test under section 94 of the Child, Youth and Family Services Act and found that the child could not be safely returned to the mother.
In assessing the competing placement plans, the court considered the father's pending criminal charges and the child's need for stability.
The court ordered that the child remain in the care of the kin caregiver, with the father granted one overnight visit per week.
