Robert Murdoch

The applicant father brought a motion for summary judgment seeking sole custody of his three children and an order forcing them into a reunification program (Family Bridges) with a 90-day no-contact period with the respondent mother.

The mother brought a cross-motion for summary judgment seeking sole custody and access at the children's discretion.

The court found no genuine issue for trial, concluding that the children's refusal to see their father was a justified estrangement resulting from his past violence, rather than parental alienation by the mother.

The court respected the strong and consistent views and preferences of the children, dismissed the father's motion, and granted the mother's motion for sole custody with access at the children's discretion.

In a child protection summary judgment motion under Part III of the Child and Family Services Act, the society sought Crown Wardship without access for a child who had been in care since birth.

The court held there was no genuine issue for trial as against either the mother or the maternal grandmother, finding the evidence showed ongoing concerns about domestic violence, failure to protect, instability, and the absence of a sufficiently secure and permanent kin placement.

Applying the statutory best interests factors, the court concluded that delay would be harmful and that the proposed family placements did not provide the necessary permanency.

The court also held that continued access would not be beneficial and meaningful from the child’s perspective and would likely impair future adoption opportunities.

The applicant Children's Aid Society brought an application to extend a secure treatment order for a 15-year-old Crown ward for a period of 180 days.

The youth suffered from schizophrenia and substance abuse issues, and had a history of high-risk behaviours including going AWOL and acting aggressively.

The court found that all five criteria under section 120(5) of the Child and Family Services Act were met, including that the youth suffered from a mental disorder, the treatment would prevent serious bodily harm, no less restrictive method was appropriate, and there was an appropriate plan for care upon release.

The application was granted and the secure treatment order was extended for 180 days.