In a child protection proceeding involving two children, the mother brought a motion seeking a parenting capacity assessment of the father who sought custody of one child.
The Society, the father, and counsel for the younger child opposed the request, arguing that sufficient evidence already existed and that the request amounted to a fishing expedition.
The court reviewed the legal framework under s. 54 of the Child and Family Services Act and Ontario Regulation 25/07, emphasizing that such assessments are discretionary and should only be ordered where reasonably necessary to assist the court.
The judge found that the evidentiary record already provided comprehensive information about the parents and the children, and that no unresolved clinical issues required expert evaluation.
The motion for a parenting capacity assessment was therefore dismissed.
