Dr. Vincent Murphy

The applicant sought to bring a motion to change a final order concerning a high-conflict family matter, specifically regarding reunification therapy for the child, N.L. The motion was dismissed due to lack of proper service on the respondent.

The court emphasized the critical importance of the child's emotional well-being and the need for the parties to cooperate with therapeutic recommendations, noting that the previous reunification therapy was cancelled due to alleged interference.

The court also clarified its ongoing jurisdiction over contempt and change motions in this case.

The applicant father sought a transfer of primary care and decision-making responsibility for the parties' two young children.

The respondent mother had engaged in a severe and prolonged campaign of parental alienation, including making multiple false allegations of physical and sexual abuse to the police and children's aid societies, and sabotaging court-ordered reunification therapy.

The court found that the mother's conduct caused significant emotional harm to the children and that she was incapable of supporting their relationship with the father.

The court transferred primary care and decision-making to the father, ordered a 90-day period of no contact for the mother (save for supervised therapeutic time), and found the mother in contempt of a previous access order.

The appellant mother took her three children from Kuwait to Canada without the respondent father's consent and claimed refugee status, alleging domestic violence.

The father applied for the children's return to Kuwait.

The application judge ordered the children returned, finding no risk of serious harm under s. 23 of the Children's Law Reform Act.

On appeal, the Court of Appeal found the application judge erred by rejecting uncontradicted expert evidence that the children's fears of their father were independent and not influenced by the mother.

The Court also held that ordering the children's return before their refugee claims were determined violated the principle of non-refoulement.

The appeal was allowed and a custody hearing was ordered in Ontario.

A child protection trial involving four children of C.D. The Children's Aid Society of Peel sought protection findings and various disposition orders.

The court found all four children to be in need of protection based on evidence of physical discipline and inadequate supervision.

The court ordered: M. (globally developmentally delayed) into extended Society care; twins Aa. and As. into the custody of their father G.B.; and D. into the temporary care of a kin caregiver C.S. for six months.

The mother's position that she had never hit her children was rejected based on the totality of evidence, including prior proceedings and the children's statements to police.

The Children's Aid Society brought a motion to dismiss the mother's appeal for delay.

The mother had appealed a summary judgment order that granted custody of the children to the father and limited her to supervised access.

Applying the test for dismissing an appeal for delay, the court found that while the delay was not inordinate, the mother failed to demonstrate that her appeal had arguable merit.

The court also considered the children's best interests, emphasizing the need for stability and finality.

The motion was granted and the appeal was dismissed.

The Children's Aid Society of the Region of Peel brought a motion for summary judgment seeking statutory findings that three children were in need of protection under the Child and Family Services Act and requesting their placement with their father.

The mother opposed the motion, seeking the return of two of the three children to her care.

The court found that the children had suffered physical harm and neglect at the hands of the mother, and that there was a risk of further harm.

The court made statutory findings under multiple subclauses of section 37(2) of the Act and ordered the children placed in the sole care of their father, with the mother receiving supervised access twice monthly at a community access center.