The Children's Aid Society brought a motion for summary judgment seeking a finding that two children were in need of protection and seeking placement in the care of their father subject to supervision.
The mother opposed the motion, seeking custody of both children and suspension of the father's access.
The court found that the children had suffered emotional harm as a result of high-conflict parenting and the mother's mental health and substance abuse issues.
The court granted the Society's motion, finding no genuine issue for trial on either the protection finding or the appropriate disposition.
The children were placed in the father's care with supervised access to the mother, with specific terms addressing the mother's mental health treatment, alcohol abuse aftercare, and a re-unification assessment and counselling process for the older child.