During an appeal from a child protection judgment, the father brought a motion alleging the child protection agency and the mother breached a court order by failing to facilitate access with the child, and sought a defined weekly access order pending the appeal.
The court found no breach of any order, as the earlier endorsement only required the agency to investigate and arrange a possible meeting rather than mandate access.
The motion judge reviewed the extensive factual findings of the trial judge, including that the child had experienced emotional harm and expressed genuine fear of the father, and that forced access could cause further harm.
Applying s. 69(4) of the Child and Family Services Act, the court held that ordering access contrary to the child’s wishes would not be in the child’s best interests.
The request for access and the request for appointment of a case management judge were dismissed.
