Jeff Van de Kleut

The Highland Shores Children’s Aid Society brought a summary judgment motion in a Status Review Application, seeking sole custody of the child B.B. to his paternal grandparents.

The respondent mother opposed, arguing for genuine issues requiring a trial and seeking B.B.'s return to her care or placement with maternal grandparents.

The court found B.B. remained in need of protection and granted custody to the paternal grandparents, citing the mother's inconsistent access, unhealthy relationships, and lack of insight.

However, the court determined that issues regarding parental access, decision-making authority, and sibling access required a focused hearing, dismissing the mother's requests for a Children's Lawyer appointment and a Parenting Capacity Assessment as unnecessary for the custody determination.

The applicant children's aid society brought a motion for summary judgment seeking a finding that the child was in need of protection.

The mother had fled with the child to the United States, living in her car and shelters, and exhibiting erratic behaviour and suspected paranoia.

The court found no genuine issue requiring a trial, concluding that the mother's actions put the child at risk of physical and emotional harm.

The motion was granted, and the child was found in need of protection.