Paul R. Krumeh

The paternal grandmother brought a motion to be added as a party to a child protection proceeding concerning her grandchild, R. The Children's Aid Society and the mother opposed the motion, while the father supported it.

The court applied the legal principles for adding a party under subrule 7(5) of the Family Law Rules, considering the child's best interests, potential for delay, necessity to determine issues, viability of the grandmother's plan, and legal interest.

The court found that the mother had a viable plan supported by the society, adding the grandmother would cause undue delay and expose the child to further conflict, and the father could adequately present the grandmother's plan as a witness.

The motion was dismissed.

The applicant father sought temporary custody of twin children born in March 2015, with the respondent mother's access to be supervised.

The respondent sought to transfer the proceedings to Welland, Ontario, arguing the children's habitual residence was Crystal Beach where they had been moved with both parents.

The court found the mother consented to the father having care of the children and returning to Toronto, and that on a balance of convenience, the best evidence regarding the children was available in Ontario.

The court granted temporary custody to the father, with the mother having supervised day access in Toronto only, pending further evidence and a case conference.