In child protection proceedings, the applicant society brought a motion for summary judgment seeking a final order granting sole custody of the child to the father with supervised access to the mother.
The evidence demonstrated a lengthy history of domestic violence, substance abuse, mental health instability, and inconsistent participation in treatment and parenting programs by the mother.
The father had cooperated with the society, completed counselling and anger management programs, and was providing stable care for the child.
The mother filed no responding evidence and sought an adjournment at the hearing.
The court held there was no genuine issue requiring a trial and granted sole custody to the father under the Child and Family Services Act with conditions and supervised access to the mother.
