Dr. Harriet MacMillan

A child protection proceeding under the Child and Family Services Act in which the Halton Children's Aid Society sought a finding that a child was in need of protection under sections 37(2)(f) and (g) due to emotional harm caused by parental conflict, particularly the mother's unfounded allegations of abuse against the father.

The Society sought placement of the child in the father's custody with supervised access for the mother.

The mother opposed the application and sought dismissal or, alternatively, joint and equally shared custody.

The court found the child was in need of protection, placed the child in the father's exclusive care and custody, and ordered supervised access for the mother under a one-year supervision order.

The Children's Aid Society apprehended a young child due to severe concerns of medical child abuse (Munchausen Syndrome by Proxy) by the mother.

On a motion for temporary care and access, the parents sought the return of the child to their care and expanded access, while the Society sought directions on access and the distribution of a parenting capacity assessment.

The court found credible and trustworthy evidence of risk of harm and ordered the child to remain in the temporary care of the maternal grandmother.

The court granted a gradual expansion of access, allowing limited unsupervised access for the father, provided the mother is never left alone with the child.

The court also ordered the distribution of the assessment to specific medical and childcare providers.