Sonia V. Khemani

The Children's Aid Society of the Region of Peel sought extended care for two children, J and M, and specified access for the parents, T.R. and A.S. The parents sought the children's return to their joint care.

The court found the Society's initial removal of the children unjustified, concluding they were not at risk of physical harm in the parents' care.

The court determined that the children had suffered emotional harm due to their prolonged separation and placement in foster care, and that the Society had failed to apply consistent scrutiny to the foster parents' care compared to the biological parents.

The court ordered the immediate return of the children to the parents' care, subject to Society supervision and Office of the Children’s Lawyer (OCL) involvement, emphasizing the children's best interests and the parents' perseverance.

A custody and access dispute between unmarried parents regarding their eight-year-old son.

The applicant sought sole custody while the respondent sought sole custody and primary residence.

The court found that the applicant had failed to meet the child's academic, social, and developmental needs, including allowing excessive school absences without adequate medical justification, failing to comply with court-ordered psychological assessments, and exposing the child to parental conflict.

The respondent demonstrated a stable home environment and a commitment to the child's welfare.

The court awarded sole custody and primary residence to the respondent, with structured access to the applicant.