3 total
The court temporarily expanded the father's access while maintaining the mother's primary residence.
The applicant father sought an urgent temporary custody order for his son, Ethan, alleging the respondent mother had substance abuse issues and neglected the child, supported by an initial Children's Aid Society (CAS) letter.
The respondent mother denied the allegations and sought to maintain the existing consent order where she was the primary caregiver.
The court found insufficient evidence to support a complete change in custody or supervised access for the mother.
However, acknowledging the mother's current mental health distress and difficulties, the court issued a temporary order maintaining the mother as the primary resident parent but significantly expanded the father's access, with a plan for review upon Ethan's return to in-person schooling.
No costs were awarded.
Appeal from Crown wardship without access dismissed as mother's plan of care put children at risk.
The appellant mother appealed a Superior Court decision that upheld a trial judge's order making her two children Crown wards without access.
The children had been in care since 2010.
The trial judge found the children would be at risk if returned to the mother due to her mental health, inability to care for them, and a toxic relationship.
The Court of Appeal found no error in principle by the Superior Court judge and upheld the decision, noting the statutory timelines had passed and the children must be placed for adoption.
Crown wardship order set aside and new trial ordered due to failure to balance best interests factors.
The appellant father appealed a Superior Court order dismissing his appeal from an Ontario Court order making his child a Crown ward.
The child had been apprehended after the father allowed the mother, who posed a serious risk, to have contact with the child, breaching a supervision order.
The Court of Appeal allowed the appeal and ordered a new trial, finding that the trial judge erred in principle by failing to balance the risk of harm to the child from exposure to the mother against the risk of disruption to the child's positive relationship with his father if a Crown wardship order were made.
