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The court granted summary judgment placing the children in the final custody of their grandmother due to ongoing parental substance abuse.
The Children's Aid Society of Oxford County brought a summary judgment motion seeking a finding that the children were in need of protection and a final custody order under s.102(1) of the CYFSA in favour of the maternal grandmother, T.K., with access to the parents.
The father, J.P., opposed the custody order, seeking a further supervision order, while the mother, V.B., did not oppose the children remaining with T.K. The court found the children continued to be in need of protection due to the parents' substance use and instability, and granted the summary judgment, terminating the supervision order and placing the children in T.K.'s sole care and custody, with supervised parenting time for both parents.
Summary judgment granted finding child in need of protection and placing child with father under supervision.
The children's aid society brought a motion for summary judgment seeking a finding that the child was in need of protection and an order placing the child in the father's care under supervision.
The mother opposed the motion, seeking the child's return to her care and a trial.
The court found no genuine issue requiring a trial, noting the mother's failure to ensure the child's school attendance, her high-conflict relationship with the society and the father, and the resulting emotional harm to the child.
The court granted summary judgment, found the child in need of protection, placed the child with the father for six months under supervision, and limited the mother's access to written letters.
Child placed in temporary Society care due to father's sexual offence history and mother's non-cooperation.
The Children's Aid Society sought a temporary order to keep a prematurely born child in its care.
The child was apprehended shortly after birth due to the father's history of sexual offences against children and current serious criminal charges, as well as the mother's lack of insight into the risk posed by the father.
Although a transition plan to return the child to the mother was initiated, it was halted when the mother refused to cooperate with Society workers and denied them full access to her home.
The court found a real possibility of harm if the child was returned to the mother and ordered the child to remain in the temporary care of the Society.
The court declined to award costs to either party after the mother withdrew her child relocation request.
A costs decision in a family law matter concerning a motion to prevent relocation.
The father sought to prevent the mother from relocating with their child to Alberta.
The mother withdrew her relocation request after receiving a Voice of the Child Report.
The parties disagreed on costs allocation.
The court found that neither party acted unreasonably and declined to award costs to either party, applying principles that discourage cost awards in settlement situations and emphasizing the importance of the issues involved.
