M. Leonard

This decision concerns a child protection trial under the Child, Youth and Family Services Act, 2017 involving the child S.W.W., born in 2017.

The Children’s Aid Society of Peel sought a protection finding and a custody order placing the child with his father, S.W., supported by the father and the Office of the Children’s Lawyer.

The mother, A.W., self-represented, sought the return of the child to her care but did not file answers to the protection applications.

The trial was intensively case managed, with the mother’s participation challenged by her failure to comply with court orders and her disruptive behaviour.

The evidence revealed significant concerns about the mother’s mental health, her refusal to send the child to school, and her hyper-vigilance and fixed delusions regarding the child’s welfare.

The child had made inconsistent statements, some likely coached by the mother.

The child was thriving in the father’s care with improved school attendance and emotional well-being.

The court found the child to be in need of protection due to risk of emotional harm if returned to the mother and ordered custody to the father with supervised parenting time for the mother, subject to conditions including mental health treatment and a flexible parenting time regime.

The applicant brought a motion to change prior custody and support orders seeking custody of two children, retroactive and prospective child support, and delivery of the children’s documentation.

The respondent opposed the motion and sought custody of the same children.

After reviewing extensive evidence, including credibility assessments, the court found the respondent to be a credible and responsible parent and expressed significant concerns about the applicant’s parenting abilities, mental health disclosure, and litigation conduct.

The court concluded that granting custody to the applicant would not be in the children’s best interests and awarded custody of the two children to the respondent.

The court also determined various historical child support obligations and section 7 expense allocations, resulting in a net payment owed by the respondent to the applicant.