Michael Keyshawn Anderson

This motion, brought by the father (K.J.) within a child protection status review application, sought to change the temporary care and custody of two children, J. and K., from the mother (C.B.) to himself, subject to society supervision.

The Children's Aid Society of Toronto supported the father's motion, while the mother and the Office of the Children's Lawyer opposed it.

The court applied subsection 113(8) of the Child, Youth and Family Services Act, 2017, adopting a flexible and liberal interpretation of the "best interests" test, rather than requiring a "material change" in circumstances.

The court found a significant change in circumstances, primarily due to the mother's repeated frustration of access between the children and the father/sibling, her inconsistent compliance with supervision orders regarding school attendance and mental health treatment, and her poor judgment.

The father presented a suitable care plan.

The motion was granted, placing J. and K. in the father's temporary care and custody with society supervision and specified access for the mother.

This is a costs decision arising from the respondent father's motion to enforce an access order dated December 17, 2019.

The mother did not comply with the access order due to health concerns related to the COVID-19 pandemic.

The parties resolved the matter by consent order on August 12, 2020, with the access order remaining in full force and the parties agreeing to comply with COVID-19 health protocols.

The court awarded costs to the father, finding that the mother acted unreasonably in denying access for over two months and imposing unreasonable pre-conditions for resumption of in-person contact.

The court ordered the mother to pay $900 in costs, payable at $50 per month starting October 1, 2020.