In a child protection matter under Part III of the Child and Family Services Act, the court determined temporary care and custody of two children following a mental health crisis involving the mother and subsequent placement with the father.
The mother sought to regain custody after demonstrating significant mental health improvements and completing treatment programs.
The father opposed the motion, relying on the status quo of the children's placement with him for over seven months.
The court found that both parents had "charge" of the children at the time of intervention and applied the two-part test under subsection 51(3) of the Act.
The court determined that supervision terms would be adequate to protect the children in the mother's care but inadequate in the father's care due to documented neglect of the children's academic needs, concerns about physical discipline, and inadequate housing and provisions.
The children were placed in the temporary care and custody of the mother subject to society supervision, with generous overnight access for the father.
