Sahra Panjwani

A temporary care and custody hearing under s. 51 of the Child and Family Services Act considered the placement of three children following their apprehension from the mother.

The Society maintained a neutral position between the father and the maternal grandmother as potential caregivers for the two younger children, while the eldest child had been residing with the grandmother.

The court evaluated the best interests of the children, including sibling relationships, stability, caregiving capacity, and the least disruptive placement.

It found the father capable of safely caring for the two younger children and concluded that the grandmother’s responsibility for the eldest child’s significant needs made placement of all three children with her less appropriate.

Temporary care and custody of the two younger children was granted to the father, while the eldest child remained with the grandmother, all subject to Society supervision and access arrangements.

The Children's Aid Society brought a status review application seeking to terminate a supervision order and place the child in the mother's custody under s. 57.1 of the Child and Family Services Act.

An issue arose because there was an existing final joint custody order under the Children's Law Reform Act.

The court held that it has jurisdiction under s. 57.1 of the CFSA to make an order that has the effect of varying an existing final order under the CLRA, provided all parties to the CLRA order are parties to the CFSA proceeding, are served, and there is a material change in circumstances.