Mark William Mymko

The Kenora Rainy River District Child and Family Services brought a motion for summary judgment seeking a further six-month Society Wardship Order for two children found to be in need of protection due to emotional harm.

The children had been apprehended in October 2014 due to mental health concerns including self-mutilation and suicide ideation.

They were placed in a specialized treatment foster home in Southern Ontario where they demonstrated significant improvement.

The mother opposed the motion, seeking return of the children to her care, but provided no clinical evidence or cooperation with the Agency.

The father agreed with the Agency's position and was noted in default.

The court found no genuine issue requiring trial and granted the Society Wardship Order for six months, finding that the children's best interests required continuation of their specialized placement.

A status review hearing concerning two children in the care of a child and family services society.

The father consented to Crown Wardship with access rights.

The mother passed away during the proceedings.

The sole remaining issue was whether the children could be placed with maternal grandparents as required by statute.

The court found that while the grandparents had genuine love for the children, they lacked the necessary skills and training to meet the children's high needs resulting from severe developmental trauma.

The grandparents had also demonstrated concerning behaviors including coaching children on litigation matters, expressing negative views of the father to the children, and failing to cooperate with the society.

The court ordered Crown Wardship with access rights to the father, grandparents, and sibling contact arranged at the society's discretion.

A motion to vary a joint custody order and an accompanying contempt motion regarding denial of access to a child.

The father sought sole custody of the child and found the mother in contempt of a prior custody order.

The court found material change in circumstances based on the mother's deliberate denial of access, defiant courtroom conduct, and her own statement that she no longer wanted custody.

The father was granted sole custody with the mother receiving specified access.

The mother was found in contempt on three occasions and ordered to pay fines totaling $1,500.00.

Child support obligations were recalculated with the father owing arrears and the mother ordered to pay support to the father going forward.

Application to vary an existing custody order and two amending agreements concerning a child born August 19, 2009.

The father sought to vary the joint custody arrangement to sole custody in his favour, citing material changes in circumstances including the mother's unstable lifestyle, multiple relocations, marijuana use, and inconsistent involvement with the child.

The court found material change in circumstances and granted sole custody to the father with access to the mother.

A status review application concerning two children who were made Crown Wards without access in March 2010 due to parental substance abuse and domestic violence.

The birth mother sought supervised access and gradual return of the children to her care, demonstrating significant rehabilitation through methadone treatment, counselling, and stable housing.

The court found that material changes in circumstances warranted granting supervised access for six months with specific conditions, rejecting the child protection agency's position that insufficient progress had been made.