The Family and Children’s Services of Lanark, Leeds and Grenville brought a motion within a status review application seeking temporary care and custody of three children.
The mother opposed the motion, supported by the father.
The Society alleged ongoing neglect, unhygienic living conditions, lack of supervision, domestic violence, and non-compliance with previous supervision orders.
However, since being served with the application, the mother had made significant positive changes, including separating from the father, moving to a safer home with a supportive cousin, and engaging with community and medical services for the children.
Applying Section 113(8) of the Child, Youth and Family Services Act, 2017, which requires children to remain in current care unless their best interests "require" a change, the court found that while the Society's concerns were valid historically, the recent improvements meant that removal was not currently required.