In a child protection status review proceeding, the child protection agency brought a summary judgment motion seeking custody of the child to the mother, termination of the supervision order, no access to the father, and a restraining order.
The father opposed and sought a trial and placement of the child with him.
The court held there was no genuine issue requiring a trial, finding ongoing protection concerns regarding the father including domestic violence history, inability to cooperate with the agency, inconsistent access, problematic interactions with the child, and lack of a viable parenting plan.
The court determined that continued access would undermine the child's stability with the mother and was not in the child’s best interests.
Custody was granted to the mother with no access to the father and a restraining order issued.
