The court issued an endorsement in a child protection proceeding to highlight the severe unintended harm caused by criminal release orders that prohibit parents charged with crimes against their children from having contact with them, without including an exception for family court orders.
The court noted that such release conditions effectively strip family court judges of their jurisdiction to make decisions in the best interests of the child, such as allowing supervised or expanded access when appropriate.
The court urged the criminal justice system to routinely include the exception 'except in accordance with a family court order made after today’s date' in such bail and release terms.
