2 total
Appeal for access to a child in extended society care dismissed based on child's best interests.
The appellant appealed a Superior Court decision affirming a trial judge's order that denied him access to a child placed in extended society care.
The Court of Appeal considered whether the appellant had standing to appeal under the Child, Youth and Family Services Act and concluded that determining the appeal on the merits was in the child's best interests.
The Court admitted fresh evidence regarding the child's wishes to be adopted without ongoing access by the appellant.
Finding no error in the courts below and prioritizing the child's best interests, the Court of Appeal dismissed the appeal.
Child protection appeal dismissed; trial judge's placement of child in extended society care upheld.
The appellants, the mother and a family friend, appealed a disposition order placing a 10-year-old child in the extended care of the Society for the purpose of adoption.
The appellants argued the trial judge erred in relying on a court-ordered parenting assessment, making different access orders for siblings, and failing to recognize their remedial efforts.
The appeal court admitted some fresh evidence but ultimately dismissed the appeal, finding the trial judge made no palpable and overriding errors and properly prioritized the child's best interests.
