The applicant father brought a motion for temporary custody and an order restricting the respondent mother's access to their surviving child to a supervised access centre, following the tragic drowning death of their other child while in the mother's care.
The mother, who was facing criminal charges related to the death, brought a cross-motion for increased supervised access in the community.
The court dismissed the father's motion to restrict access to a centre, finding no evidence that the mother posed a risk of harm while supervised by approved third parties.
The court ordered that the mother have supervised access in the community and daily video contact, emphasizing the child's best interests and the principle of maximum contact.