In a child protection proceeding, the respondent mother brought a motion seeking the return of four children from foster care to her temporary care and custody under the supervision of the Society.
The children had been apprehended following concerns about neglect, lack of supervision, and exposure to domestic violence involving the mother’s partner.
Evidence showed a history of domestic violence, inconsistent statements by the mother to police and the court, and indications she intended to resume a relationship with the abusive partner despite a non-contact order.
Applying s. 51(2)(c) and (3) of the Child and Family Services Act, the court found reasonable grounds to believe the children faced a risk of harm if returned to the mother.
The motion was dismissed as the children could not be adequately protected in her care at that time.