Mr. Wintar

The Children's Aid Society apprehended a five-month-old infant from the mother's care and subsequently brought a motion to place the child in the father's care under a supervision order.

Both the mother and the father sought to have the child placed in their respective care.

The court reviewed the mother's history of child protection involvement, intellectual limitations, and failure to follow safety plans, concluding the child could not be safely returned to her.

The court also reviewed the father's history, including recent missed access visits and lack of problem-solving skills, concluding the child could not be adequately protected by a supervision order in his care.

The Society's motion to place the child with the father was dismissed, and the child remained in temporary Society care.

This is a summary judgment motion in a child protection case under Part V of the Child, Youth and Family Services Act, 2017.

The Children's Aid Society sought a custody order granting sole custody of two children to their paternal grandparents, with whom they had been placed following the death of their father.

The mother opposed the motion, arguing that the matter required a trial.

The court found that the children were in need of protection due to risk of physical and emotional harm, that ongoing court intervention was necessary, and that it was in the children's best interests to remain in the custody of the paternal grandparents.

The court granted the custody order and established a specific access schedule for the mother.