The Catholic Children’s Aid Society of Toronto brought a temporary motion within a Status Review application to vary an existing final order, seeking temporary care and custody of three children.
The children were previously in the mother's care under a supervision order.
The Society argued a long history of concerns including the mother's lack of transparency, non-compliance with orders, exposure to domestic violence, and failure to address the children's complex medical and educational needs.
The mother and father opposed, arguing for the children to remain in the mother's care.
The court applied the "best interests of the child" test under section 113(8) of the CYFSA, finding that a significant change in circumstances impacting the children's best interests required a change in placement.
The motion was granted, placing the children in the temporary care and custody of the Society with discretionary access for the parents.