The children's aid society brought a motion for summary judgment seeking to find two children in need of protection and to place them with their respective fathers.
The mother, who suffers from severe and chronic mental health issues, did not respond to the motion.
The court granted summary judgment, finding no genuine issue requiring a trial, and ordered the children placed with their fathers.
The court declined the society's request to delegate access discretion to the fathers, holding that a court cannot delegate its statutory duty to determine access based on the best interests of the children, and instead ordered supervised access with specific parameters.
