Ian Scott McCuaig

This is a child protection case under Part III of the Child and Family Services Act involving two children whose father, G.C., is a convicted child sexual offender with diagnoses of pedohebephilia and exhibitionism.

The Catholic Children's Aid Society sought an order removing the father from the home with only supervised access outside the home.

The parents sought to continue the existing arrangement where the father resides in the home during daytime hours but sleeps elsewhere at night, with the mother providing supervision.

The court found that the children could be adequately protected while remaining in an intact family unit with appropriate supervisory conditions, rejecting the Society's more restrictive proposal as unnecessarily disruptive to the children's best interests.

A nine-day trial concerning a child protection application under Part III of the Child and Family Services Act.

The Catholic Children's Aid Society of Toronto sought a finding that a three-year-old child was in need of protection and sought a disposition of crown wardship without access for purposes of adoption.

The father opposed this and sought placement of the child in his care, subject to a supervision order.

The mother supported the father's plan.

The court found the child was in need of protection under section 37(2)(b) of the Act based on the mother's past parenting history, her current level of functioning following a severe aneurysm, the father's insistence on parenting with the mother, and the father's failure to cooperate with the child welfare agency.

The court ordered crown wardship without access, finding that a supervision order would be ineffective given the father's pattern of non-compliance, dishonesty, and inability to work cooperatively with professionals regarding the child's complex medical and developmental needs, including autism.