Lawrence B. Geffen

The maternal grandmother brought a motion for access to her two grandchildren pending her appeal of a trial decision granting Crown wardship without access.

Due to systemic delays, the motion was heard two months after access had been terminated and a good-bye visit had occurred.

The court found that while access with one child had been meaningful, restoring access now would expose the child to the risk of a second final separation if the appeal failed.

Assessing the appeal as unlikely to succeed, the court concluded that restoring access was not in the child's best interests and dismissed the motion.

The appellant father appealed a trial judgment ordering that his child be made a Crown ward with no access for the purpose of adoption.

The father raised numerous grounds of appeal, primarily challenging the trial judge's findings of fact regarding his parenting capacity, criminal history, and mental health, as well as the refusal to extend Society wardship or grant access.

The Superior Court of Justice dismissed the appeal, finding that the trial judge made no palpable and overriding errors in her factual findings or application of the law, and ordered the child to be placed in an adoptive home without further delay.