The Society brought a summary judgment motion seeking a finding that the child was in need of protection and an order placing the child in the deemed joint custody of the parents, with primary residence to the father.
The mother opposed the motion and sought an adjournment, which was denied.
The court found no genuine issue for trial, noting the child's chronic school absenteeism while in the mother's care and the mother's lack of insight into the emotional harm caused by the absenteeism and parental conflict.
The court granted summary judgment, finding the child in need of protection and ordering primary residence to the father with specified access to the mother.
