The Children's Aid Society of Ottawa brought a motion to reduce the mother's access to the child and remove the stepfather's access, while providing access to the paternal great-aunt.
The mother brought a cross-motion seeking the child's return to her care.
The court denied the mother's cross-motion, finding she had not met the high threshold under s. 113(8) of the CYFSA for returning the child to her care, primarily due to her inconsistency and the child's need for stability.
The court granted the Society's motion to vary access, reducing the mother's minimum access to once per week, removing the stepfather's access, and granting the paternal great-aunt access, finding these changes were in the child's best interests, considering both the CYFSA and the augmented best interests test under the Federal Act for Indigenous children.
