The maternal grandmother, who had custody of two young children, brought a motion to vary a temporary access order to change the paternal uncle's access from overnight to day access only.
The motion was supported by the Children's Aid Society and opposed by the paternal uncle and the father.
The maternal grandmother alleged that the paternal uncle breached the access conditions by allowing the father, who had substance abuse issues, to stay overnight and have unsupervised access.
The court found that the maternal grandmother met the onus of proving a change in circumstances, relying on the children's statements and a private investigator's report, and concluded that overnight access with the paternal uncle was no longer in the children's best interests.
The motion was granted.
