This temporary care and custody hearing involved three Indigenous children affiliated with Caldwell First Nations.
The Family & Children’s Services of St. Thomas and Elgin sought to place the eldest child (L.A.) with the father and the two younger children (M.W. and H.W.) with the mother, subject to supervision.
The father opposed, seeking custody of all three.
The court, applying the Child, Youth and Family Services Act and the paramount An Act respecting First Nations, Inuit and Métis children, youth and families, found that L.A. could remain with the father under terms.
However, M.W. and H.W. were at risk of physical and emotional harm with the father due to ongoing verbal and physical abuse, neglect, and the father's non-compliance with previous court orders.
The court ordered M.W. and H.W. into the temporary care of the mother, with terms to ensure their safety and cultural connection.
