Self-represented (J.S.)

This Status Review proceeding involved a motion by the Durham Children's Aid Society and the father (S.M.) to permit the father to relocate with his 3-year-old child (A.M.) from Ontario to New Brunswick.

The kin caregiver (C.C.) opposed the relocation and sought temporary care and custody of A.M. in Ontario.

The court found the father's unilateral departure from Ontario with the child improper and questioned his credibility, compliance with orders, and willingness to facilitate the child's relationship with the kin caregiver, especially in light of an outstanding criminal warrant for an alleged assault in A.M.'s presence.

The court also noted the Society's incomplete assessment and lack of a detailed interjurisdictional access plan.

Applying the Child, Youth and Family Services Act, 2017 (CYFSA) and relocation principles, the court dismissed the Society's and father's motions, ordering A.M. to remain in C.C.'s temporary care and custody in Ontario.

This is a child protection motion under the Child, Youth and Family Services Act involving four children and two separate applications.

Application No. 1 concerns three non-Indigenous boys (G., P., and C.) with parents A.W. and M.P. who had a joint custody order.

Application No. 2 concerns an infant (B.) with mother A.W. and father J.S., a member of Batchewana First Nation.

The society sought temporary care and custody of all children.

The court found reasonable grounds for risk of harm based on domestic violence, excessive alcohol consumption, and failure to comply with safety agreements involving J.S. However, the court declined to grant full temporary care and custody to the father for the three boys, instead maintaining the existing joint custody arrangement with conditions on the mother's care.

For the infant B., the court placed her with her maternal grandmother pending consent, with supervised paternal access for J.S.