A child protection application brought by the Children's Aid Society seeking temporary care and custody of two young children (ages 3 and 4) based on allegations of emotional harm caused by the mother's approach to the older child's gender expression.
The mother had begun socially transitioning the child to a female identity based on the child's expressed gender variant preferences.
The father opposed the placement and alleged the mother was forcing the child to be a girl against his wishes.
The court found that while there was a risk of emotional harm, it was caused by parental conflict rather than either parent's conduct alone.
The court determined the children could be adequately protected under a supervision order in the mother's care and returned the children to both parents under the custody and access regime that existed prior to intervention, subject to strict supervision and compliance with expert recommendations.
