The Children's Aid Society brought a summary judgment motion in a status review application regarding two children who had been placed with their maternal grandparents.
The Society sought a final custody order for the grandparents, a continuation of a restraining order prohibiting the parents from contacting the children, and an order denying parental access.
The parents opposed the motion, arguing that access and their involvement in monitoring the grandparents' care should be determined at trial.
The court found no genuine issue requiring a trial, noting the mother's ongoing conflictual behaviour and the parents' lack of insight as established by a recent parenting capacity assessment.
Summary judgment was granted, placing the children in the grandparents' custody and denying the parents access.
