Gurbin Singh

A motion to vary a temporary care and custody order under section 51(6) of the Child and Family Services Act.

The children had been placed with maternal great aunts following apprehension due to inappropriate discipline by the mother's boyfriend.

The placement subsequently broke down due to the children's difficult behaviour, particularly one child's mental health deterioration.

The court considered whether to place the children with the father or in the care of the society.

The court found a material change in circumstances and applied the four-part test from K.D., ultimately determining that placement with the father remained inappropriate due to his lack of insight into domestic violence exposure, failure to address the children's special needs, and breach of court orders.

The court ordered the children placed in the temporary care and custody of the society with access at the society's discretion.

This is a temporary care and custody motion concerning four children.

The Catholic Children's Aid Society sought to place the children in the care of their maternal great aunts, a position supported by the mother and counsel for the children.

The father sought placement of all four children in his care or, alternatively, increased access in his home.

The court found that the children should remain in the care of their maternal great aunts due to the mother's failure to protect them from physical abuse and inappropriate discipline by her boyfriend, and due to significant concerns regarding the father's plan, including his lack of insight into the effects of domestic violence on the children, inconsistencies in his evidence, and his unwillingness to comply with society conditions.

The court ordered that the children remain in the temporary care and custody of the maternal great aunts subject to society supervision, with both parents having access at a minimum of once per week at the society's discretion.