George MacPherson

The Children's Aid Society brought a motion for a temporary care and custody order for two children, while the mother brought a cross-motion for their immediate return.

The mother had a history of mental health issues and was recently arrested for breaching a probation order.

She had recently entered into a Community Treatment Order.

The court found that the mother's mental health needed to stabilize before the children could be returned.

The Society's motion was granted, placing the children in interim care for three months, and the mother's motion was dismissed.

The mother of a Crown ward brought a motion to increase her access under section 58 of the Child and Family Services Act.

The Children's Aid Society objected, arguing that because the child had lived with the same foster family for over two years, the mother was required to seek a status review under section 64 and obtain leave under subsection 64(5).

The motion judge ruled that section 58 provides a stand-alone route for access variations.

The Society appealed to the Divisional Court.

The Divisional Court dismissed the appeal, holding that a party seeking merely to vary an access order to a long-term Crown ward may apply directly under section 58 and is not required to embark upon a status review.