The Family and Children’s Services of Lanark, Leeds and Grenville (the Society) brought a motion for summary judgment seeking a finding that two children were in need of protection and a final order granting custody to the father with supervised access for the mother.
The mother opposed the motion, arguing that a full trial was necessary.
The court granted summary judgment on the finding that the children were in need of protection, citing the mother's assault convictions and mental health issues.
However, the court dismissed the motion for summary judgment regarding the disposition, finding a genuine issue for trial concerning the parents' abilities to care for the children and the lack of a solid, workable access plan for the mother, particularly given the high hostility between the parents and the children's wishes.
