Nathalie Gregson

The applicant father sought joint custody and unsupervised access to his child born in 2005.

The respondent mother opposed the claim and sought sole custody.

Following allegations of sexual abuse made by the child in August 2010 (which were not substantiated by police or Children's Aid Society), the mother sought to restrict access to supervised visits.

The court found that the allegations did not meet the threshold of reliability and that the father's credibility was compromised by inconsistent contact with the child, minimization of serious family issues, and involvement with the Children's Aid Society regarding physical discipline concerns.

The court ordered continued supervised access rather than the unsupervised access sought by the father.

The Children's Aid Society of Algoma brought a motion for summary judgment seeking a finding that two children were in need of protection under section 37(2)(b)(i) and (ii) of the Child and Family Services Act, and an order that no further child protection orders be made.

The mother opposed the finding, contending the Society should never have been involved.

The court found that while the children were at risk of physical harm due to a culmination of factors including the mother's physical health issues, mental health decline, and custody and access conflicts between the parents, there was no pattern of neglect.

The court granted the motion, finding the children in need of protection under section 37(2)(b)(i) only, and ordered that no further child protection orders be necessary.

The Children's Aid Society of Algoma brought a motion for summary judgment seeking a finding that four children were in need of protection and that their mother was not an appropriate caregiver.

The mother had an extensive history with the Society spanning decades, including her own childhood as a Crown Ward, and demonstrated persistent inability to provide adequate supervision, maintain stable housing, manage substance abuse and mental health issues, and exercise appropriate parenting judgment.

The court found that the children were in need of protection under the Child and Family Services Act and that the mother could not be placed in full-time care of the children, though supervised access would continue.