Kimberley Pegg

The Children's Aid Society sought a finding that two children were in need of protection and an order placing them in Extended Society Care.

The mother opposed the application, seeking the return of the children to her care, supported by the father.

Following a lengthy trial, the court found the children in need of protection due to ongoing exposure to domestic violence, chronic school absenteeism, and the mother's inability to meet their basic needs.

The court concluded that the mother's plan was not viable and placed the children in Extended Society Care, while granting specified access to the mother, father, and siblings.

In a child protection status review proceeding, the mother brought a motion for the temporary care and custody of her child.

The child had been placed in the temporary care of the maternal grandmother after the mother was arrested and detained on criminal charges.

The court determined that the mother had 'charge' of the child at the time of the society's intervention, meaning the child must be returned to her unless a material change in circumstances required a change in custody in the child's best interests.

The court found that while the mother's detention was a material change, returning the child to the mother's care was in the child's best interests, as the society had previously been satisfied with her parenting and the child exhibited a need for the emotional security she provided.

The mother's motion was allowed.