Kristen L. Robins

The applicant brought a motion for summary judgment seeking a finding that the child was in need of protection and an order granting joint custody to the father and maternal grandmother, with supervised access to the mother.

The mother opposed the motion, seeking the return of the child to her care.

The court found no genuine issue for trial regarding the need for protection, citing the mother's emotional dysregulation, conflictual relationships, and lack of cooperation with the applicant.

The court also found no genuine issue regarding the disposition, granting joint custody to the father and maternal grandmother with primary residence to the father.

However, the court found a genuine issue for trial regarding the extent and supervision of the mother's access, ordering a mini-trial to resolve that issue.

On a motion for summary judgment in a child protection proceeding under the Child and Family Services Act, the moving child protection agency sought permanent Crown wardship of two children who had been in foster care for an extended period.

The mother consented to the wardship, while the father sought custody or access and argued that factual disputes regarding his past involvement with the children required a trial.

The court held that there was no genuine issue requiring a trial because the father had been largely absent from the children’s lives for several years and had not advanced a viable plan of care.

Considering the statutory time limits, the children’s need for permanency, and the father’s lack of meaningful involvement, the court determined the children were in need of protection and that Crown wardship was in their best interests.

Summary judgment was granted.