Self-represented (C.B.)

This motion, brought by the father (K.J.) within a child protection status review application, sought to change the temporary care and custody of two children, J. and K., from the mother (C.B.) to himself, subject to society supervision.

The Children's Aid Society of Toronto supported the father's motion, while the mother and the Office of the Children's Lawyer opposed it.

The court applied subsection 113(8) of the Child, Youth and Family Services Act, 2017, adopting a flexible and liberal interpretation of the "best interests" test, rather than requiring a "material change" in circumstances.

The court found a significant change in circumstances, primarily due to the mother's repeated frustration of access between the children and the father/sibling, her inconsistent compliance with supervision orders regarding school attendance and mental health treatment, and her poor judgment.

The father presented a suitable care plan.

The motion was granted, placing J. and K. in the father's temporary care and custody with society supervision and specified access for the mother.

A child protection proceeding under the Child, Youth and Family Services Act, 2017 involving a child apprehended at age nine from her mother's care.

The court found the child in need of protection under sections 74(2)(b)(i) and 74(2)(b)(ii) of the CYFSA based on risk of physical harm resulting from the mother's failure to adequately care for, provide for, supervise or protect the child, and a pattern of neglect.

The risk arose from the mother's substance abuse, involvement in domestic violence relationships, and poor choices in male partners.

The court rejected the society's other grounds for finding (actual physical harm, emotional harm, and risk of emotional harm).

For disposition, the court made a deemed custody order under section 102(1) of the CYFSA in favour of the maternal grandparents, with whom the child had been residing.

The court made an access order permitting the child to initiate contact with her mother, with the child controlling the terms and conditions of visits.

No access order was made for the stepfather.