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All eight children remain in Society care pending trial.
In a child protection status review involving eight children, the court considered whether the children should remain in the care of the Children’s Aid Society pending trial and whether certain children required independent legal representation.
Applying the Child and Family Services Act, the court determined that three of the older children should receive legal representation under s. 38, while younger children were too young to meaningfully instruct counsel.
The court found that the Society established ongoing protection concerns including inadequate supervision, poor school attendance, domestic violence exposure, and the caregiver’s inability to manage the children’s needs.
Proposed placements with family members and the return of several children to the mother’s care were rejected due to insufficient information and unresolved risk factors.
All children were ordered to remain in the Society’s care on an interim basis with access arrangements for family members.
Interim motion to terminate child support dismissed pending full hearing.
Cross-motions were brought in a family law proceeding concerning child support for an adult child allegedly pursuing post-secondary education.
The father sought interim termination of a final child support order, alternatively requesting that payments be held in trust, and also sought security for costs.
The mother sought increased interim support and financial disclosure.
The court held that varying a final support order on an interim basis requires at minimum a prima facie case, clean hands, and evidence of hardship.
Finding no evidence of hardship and noting unresolved factual issues regarding whether the adult child remained a child of the marriage, the court dismissed the father’s motion and declined to determine the status issue on an interim basis.
