The father appealed a temporary order placing his two children in the care of their mother, with his access to be supervised at the discretion of the Children's Aid Society.
He argued the judge erred in considering dismissed assault charges and lacked jurisdiction to delegate access discretion to the Society.
The Divisional Court dismissed the appeal, finding no error in considering the factual context of the dismissed charges.
The Court also resolved conflicting lower court decisions, holding that sections 58 and 15 of the Child and Family Services Act give the court authority to order access at the discretion of the Society to allow for necessary day-to-day flexibility.
