Keli Mercereau

A motion by the maternal grandfather (R.W.) to vary an interim order placing two young children in the temporary care and control of the Children's Aid Society.

The grandfather sought placement of the children in his home.

The court applied the test under subsection 51(6) of the Child and Family Services Act, finding a material change in circumstances but ultimately dismissing the motion.

The court found that while the grandfather's application merited consideration, insufficient evidence regarding the children's needs, the grandfather's ability to manage the older child's special medical needs (spina bifida), and unresolved concerns about the grandfather's marijuana use and financial obligations created too much uncertainty to warrant moving the children prior to trial.

The court emphasized the importance of continuity for very young children and the risk of multiple placements.

The Children's Aid Society apprehended a child from her father's care following allegations of risk.

The father moved for the return of the child and was successful.

The child was returned to the father's care subject to existing supervision order terms.

Subsequently, the father sought costs of the motion.

The court dismissed the father's costs claim, finding that while the applicant's assessment of risk was speculative or premature, the father's conduct in attempting to deny the mother her consented access through intimidation and alleged drug planting constituted bad faith that made the litigation necessary.