The Children's Aid Society brought a status review application regarding a six-year-old child who had been apprehended at birth and placed with his paternal grandmother.
The mother and the paternal grandmother both sought custody.
The court applied the two-part test for status reviews, finding that the child would still be in need of protection if returned to the mother due to her unresolved mental health and substance abuse issues.
Applying the best interests of the child factors, the court noted the child's strong attachment to the paternal grandmother, who had cared for him throughout his treatment for leukemia, and the disruption a move to the mother's home in Alberta would cause.
The court granted a deemed custody order to the paternal grandmother.
