In a child protection proceeding under the Child and Family Services Act, the court determined whether an infant should remain with the mother or be placed with the father.
The evidence included a long history of child protection involvement concerning the mother, prior custody losses of several children, concerns about relationships exposing children to risk, and a parenting capacity assessment identifying ongoing issues with insight and responsibility.
The father had no protection history and had been caring for the child for approximately one year with support from extended family, during which the child was thriving.
The court found the child to be in need of protection while in the mother’s care pursuant to s. 37(2)(b)(g) of the Child and Family Services Act.
Considering the best interests factors under s. 37(3), the court ordered custody to the father without supervision and granted the mother conditional access.
