Carolyn Leach

The appellant mother brought a motion for directions regarding her appeals of two interlocutory orders made in a child protection proceeding.

The respondent children's aid society brought a counter-motion to quash the appeal for lack of jurisdiction.

The Court of Appeal held that it lacked jurisdiction to hear the appeals because the orders were interlocutory and were made under Part III of the Child and Family Services Act at a family court branch, meaning any appeal lies to the Divisional Court.

The mother's motion was dismissed and the appeal was transferred to the Divisional Court.

The appellant parents appealed a decision making their two children Crown wards without access.

The children had been in the care of the Children's Aid Society since 2007 due to neglect and a volatile home environment involving domestic violence.

The Court of Appeal found no error in the trial judge's conclusion that the parents could not provide a safe, stable plan and that a supervision order would not adequately protect the children.

The appeal of the Crown wardship order was dismissed.