Cross-motions for interim custody of a child born in 2007 were heard.
The child had been apprehended at birth and placed with paternal grandparents following a 2011 trial.
In June 2013, the parents negotiated a custody/access agreement with joint custody and primary residence with the father.
In August 2013, they entered into a Voluntary Services Agreement with the child welfare agency, which closed its file.
In October 2013, the mother unilaterally removed the child from the father's care and school, leading to an emergency order reinstating primary residence with the father.
The court found that the father had demonstrated continued commitment to the child's welfare through ongoing involvement with support agencies and counselling programs.
The court found the mother had not adequately addressed her mental health issues or demonstrated capacity to parent a behaviourally challenged child.
The court dismissed the mother's claims and reinstated the access regime from the mediated agreement, declining to endorse extended summer access pending further evidence of the mother's ability to maintain consistent routines.
