In a child protection proceeding under the Child and Family Services Act, the court considered competing motions regarding temporary care and custody of a young child pending determination of the protection application.
The evidence consisted largely of conflicting affidavit evidence concerning allegations of domestic violence between the parents and related criminal proceedings.
Applying s. 51 of the Act, the court found reasonable grounds to believe the child faced a probable risk of harm if protective conditions were not imposed.
The court determined the child could be adequately protected by remaining in the mother’s care under the supervision of the Children’s Aid Society.
A structured access schedule for the father, including exchanges through the Society’s access exchange program, was ordered.
