Wayne N. Brooks

The Children's Aid Society brought a status review application regarding a 7-year-old child who had been residing with her paternal grandmother and step-grandfather (the kin) for over five years.

The mother sought unsupervised access or custody, but a parenting capacity assessment and past access attempts indicated unsupervised access was detrimental to the child.

The court found that the child was no longer in need of protection while in the care of the kin.

The court ordered that the child be placed in the legal custody of the kin under the Children's Law Reform Act, with the mother granted supervised access and telephone contact at the discretion of the kin.

In a child protection status review application, the Society brought a summary judgment motion seeking a custody order placing two children with the maternal grandfather and his life partner under s. 57.1 of the Child and Family Services Act, together with continued supervised access for the mother and maternal grandmother.

The court held there was no genuine issue requiring a trial under Rule 16 of the Family Law Rules, relying on the existing evidentiary record, prior findings, and evidence that the children had thrived in the proposed placement.

The court found the children were no longer in need of protection in that placement and that permanency and stability favoured a final order.

Access remained meaningful and beneficial, but supervision by the Society was continued in the children's best interests.