Linda Fagbenro

A motion to vary a temporary care and custody order under the Child and Family Services Act.

The applicant Children's Aid Society sought to change the joint week-about custody arrangement to place the child in the sole care of the father and step-mother, with alternate weekend access to the mother, subject to society supervision.

The respondent mother opposed the variation, arguing there had been no material change in circumstances.

The court found that the mother's unilateral change to the child's medication without consulting the father or society, combined with her unilateral decisions regarding the child's services, constituted a material change in circumstances that affected the risk of harm to the child.

The court granted the variation, finding that the child required a stable, consistent environment with one decision-maker for medical, educational, and behavioural matters.

A child protection proceeding under Part III of the Child and Family Services Act involving a child born with neonatal abstinence syndrome due to in-utero drug exposure.

The child was apprehended at birth and remained in Society care.

The mother sought return of the child subject to supervision, while the biological father (identified through DNA testing) supported the mother's position.

The Society sought Crown wardship for purposes of adoption.

The court found the child in need of protection due to risk of emotional harm from parental conflict, unresolved maternal trauma and anger management issues, ongoing health concerns, and past substance abuse.

The court ordered Crown wardship without access, finding this was in the child's best interests despite the mother's improvements and demonstrated parenting capacity during supervised access.

A child protection application by Highland Shores Children's Aid Society seeking Crown wardship of two young children.

The Society alleged the children suffered physical harm and were at risk of emotional harm due to assault by the father, general neglect, parental substance abuse, and the mother's failure to emotionally support the child following disclosure of abuse.

The court found the father assaulted the older child by choking and striking her, and that both children were in need of protection.

The court rejected the parents' alternative plans for care and made both children wards of the Crown for purposes of adoption, with no parental access but with access between the siblings.

A ruling on costs in a child protection matter involving a protection application for one child and a status review application for another.

The trial was heard over 16 days.

The court found that the children's aid society conducted its investigation in a patently unfair and indefensible manner, including failing to thoroughly investigate before apprehension, refusing to assign a new worker, taking a restrictive and punitive approach to parental access, and executing a warrantless apprehension of a newborn child in direct contravention of court direction.

The court awarded costs against the society to hold it accountable for its conduct.

This is a child protection matter involving two children, L and C, and a status review application.

The Highland Shores Children's Aid Society sought Crown Wardship with no access for L and a Supervision Order for C. The court found that while Society intervention was necessary to protect the children from an abusive partner, the apprehension of L was not justified and the Society's subsequent handling of the case was unreasonable.

The court found the Society failed to conduct thorough investigations, failed to consider kinship care options, and abused its discretion by using access as a punitive tool rather than focusing on the children's best interests.

The court ordered L returned to his mother's care subject to a six-month supervision order and C placed in joint care of both parents subject to supervision.