The applicant mother sought the return of her child to her primary care after the child was placed with the respondent father following the mother's temporary psychiatric episodes.
The father opposed, seeking to maintain primary care.
The court, applying the best interests of the child principle under the Children’s Law Reform Act, found that the mother's episodes were temporary and appropriately addressed.
The court emphasized returning to the pre-existing status quo where the mother was the primary caregiver, as the urgent situation had passed and the mother could safely resume care.
The father's attempt to change custody was deemed opportunistic.
The court ordered the child's return to the mother's primary care with a clarified parenting schedule and ordered both parties to cooperate with Family Connexions.