Shelley D. McIntyre

The Children's Aid Society appealed a motion judge's order that required it to supervise a mother's access to her child.

The motion judge had granted custody of the child to the paternal grandparents under section 102 of the Child, Youth and Family Services Act.

The Divisional Court allowed the appeal, finding that once a section 102 custody order is made, the Society is no longer a party to the proceedings.

Under section 34(2) of the Children's Law Reform Act, a court cannot order the Society to supervise access unless it consents, which it did not in this case.

The order was varied to provide for supervised access through a local access centre.

The Children's Lawyer appealed an order requiring it to prepare a report and mandating that the report be authored by a different worker than the one who prepared a previous report.

The Court of Appeal allowed the appeal, finding that the judge of first instance lacked jurisdiction to require a report to be made or to dictate which designated worker must author it.

The Court held that while a judge may request a different worker, it remains for The Children's Lawyer to decide whether to participate on those terms.