2 total
Custody Application dismissed
A status review application brought by the Children's Aid Society concerning an 11-year-old child placed in the care of the maternal aunt under an order dated January 20, 2016.
The Society failed to comply with statutory and procedural requirements for service of the status review application.
The application was issued before the order's expiry but served significantly late, and the maternal aunt was not served prior to the first return date despite being entitled to service.
The court dismissed the application for non-compliance with Section 64(2)(b) of the Child and Family Services Act and Rule 33(6.1) of the Family Law Rules, finding that jurisdiction for status review had been lost.
The court placed three children with their maternal grandmother, finding she had acquired 'charge' prior to intervention.
This is a temporary care hearing under Part III of the Child and Family Services Act concerning three children.
The Children's Aid Society sought placement determination among three competing family plans: the maternal grandmother, the mother, and the father.
The court determined that the maternal grandmother had acquired "charge" of the children through a series of voluntary relinquishments by the parents beginning in March 2015, and that this status was maintained through subsequent kinship and temporary care agreements.
The court found that a supervision order was sufficient to mitigate risk and placed the children with the maternal grandmother subject to supervision terms.
The court also directed the Society to update its Plan of Care to address services for the children and adjourned the matter to permit parties to negotiate terms of parental access.
