This case involves a custody dispute over two children, aged 12 and 9, between their biological mother and their aunt and uncle who had cared for them for seven years.
The applicants (aunt and uncle) sought sole custody, while the respondent (biological mother) sought the return of her children.
The court applied the "best interests of the child" principle under the Children's Law Reform Act, considering factors such as emotional ties, children's preferences, stability of the home environment, and parenting ability.
The court found the applicants provided a stable home and the children preferred to remain with them.
The respondent's credibility and stability were questioned.
The court granted sole custody to the aunt and uncle, established a detailed access schedule for the mother, and ordered her to pay child support and a share of special expenses.
The court also maintained a previous order prohibiting the mother from engaging the children in activities contrary to the applicants' religious beliefs during access, finding her motivation to be spiteful rather than religious education.
