Following a lengthy child protection trial involving two children, three parents, extensive lay and professional evidence, and multiple preliminary motions, the court dismissed the mother’s constitutional challenge and found both children in need of protection under the CYFSA.
The court found serious risks arising from chronic family violence and conflict, physical discipline, coached false sexual-abuse allegations, educational neglect, health-care mismanagement, abusive social media conduct, vexatious complaints and litigation behaviour, and significant untreated mental health concerns.
The court accepted the court-ordered psychological evidence diagnosing ADHD and borderline personality disorder, rejected the mother’s effort to prove sexual abuse by one father, and admitted certain recordings including Ring camera evidence while limiting other recordings to non-hearsay use.
Final s. 102 orders placed each child with his respective father, imposed strict supervised access and extensive conduct restrictions on the mother, granted a restraining order in favour of one father, and imposed a two-year moratorium plus leave requirement for any future motion to change.
The court also dismissed the mother’s post-trial motion and deferred any costs process.
