Mary Fraser

The applicant children's aid society and the respondent mother each brought motions regarding the temporary care and custody of two children.

The children had been removed from the mother's care due to her erratic and aggressive behavior and placed with their respective fathers.

The court applied the test under section 94 of the Child, Youth and Family Services Act, 2017, finding reasonable grounds to believe the children would be at risk of harm if returned to the mother.

The court ordered that the children remain in the temporary care of their fathers.

The respondent grandmother brought a motion to strike the applicant step-grandfather's application for contact with their grandson.

The respondent argued the issue was res judicata due to a prior child protection order granting her custody.

The court dismissed the motion to strike, finding the applicant was not a party to the child protection proceeding and the Children's Law Reform Act explicitly allows for contact applications following such orders.

The court ordered the biological parents to be added as respondents but declined to order the applicant to pay child support.