The Children's Aid Society brought a summary judgment motion seeking an order placing a child in the custody of her maternal grandparents pursuant to section 57.1 of the Child and Family Services Act, with no access to her mother.
The respondent mother opposed the motion, arguing there were triable issues regarding the child's placement and access.
The court found no genuine issues requiring trial and granted the Society's motion.
The child had been apprehended following the mother's arrest for assault.
She was placed with her grandparents in British Columbia and received therapeutic treatment.
Electronic contact between the child and mother caused significant emotional distress, manifested in nightmares and behavioral problems.
The child consistently expressed that she did not wish to have contact with her mother or return to her care.
The court found the mother had not taken responsibility for her abuse, had not engaged in appropriate treatment for her mental health issues, and had engaged in abusive and threatening behavior toward the grandparents and service providers.
The court ordered custody to the grandparents with no access to the mother, subject to the child's future wishes.
