Linda Victoria Dawn Hawkins

A biological father sought leave to bring a status review application of a Crown ward child who had been in care for over six years.

The child had been placed with the same foster parents for four years, and the Children's Aid Society had identified an adoptive family.

The court applied the five-part test from Catholic Children's Aid Society v. F.(B.A.) to determine whether leave should be granted.

The court found that the father's primary motive was to disrupt the adoption planning, that no unusual circumstances justified the review, and that the father had not established a prima facie case that placement in his care would be in the child's best interests.

The motion was dismissed.

The applicant sought a temporary order for custody of the parties' child, born December 25, 2013, following separation on September 2, 2014.

The applicant was charged with assaulting the respondent and released on an undertaking prohibiting direct or indirect communication with the respondent.

The court determined that it was in the child's best interests to remain in the care of the respondent mother, with the applicant granted supervised access of three hours per week.

The court found the respondent was the primary caregiver during cohabitation, works part-time and is more available, and that the child benefits from remaining in the familiar home.

The applicant's request for week-about care was denied due to lack of evidence regarding the child's needs and the applicant's care plan.