The paternal grandmother brought a motion to set aside or change an order placing an 11-year-old child in the care of her parents, K.S. and A.H., who had a long-standing addiction to crystal methamphetamine and other drugs.
The motion was brought on an urgent basis after the grandmother learned that the mother had tested positive for crystal methamphetamine on October 11, 2016, but this information was not disclosed to the grandmother until November 28, 2016.
The court applied the test under subsection 64(8) of the Child and Family Services Act, which requires that a child remain in the care of the person having charge unless the court is satisfied that the child's best interests require a change.
The court found that the parents failed to meet their onus to demonstrate that a change in custody was necessary.
The court granted the motion and ordered that the child remain in the temporary care and custody of the paternal grandmother, with weekend access to the parents subject to conditions including random drug testing and restrictions on discussing court proceedings with the child.
