2 total
The court ordered interim access and counselling for an estranged child despite his expressed wishes.
The respondent (mother) brought a motion seeking an order for her son C. to continue spending half his time with her, for C. and his mother to attend counselling, and for a police assistance order.
The applicant (father) had allowed C., then age 10, to decide his own custodial care, leading to C.'s estrangement from his mother.
The court found the father's conduct unreasonable, noting he abdicated parental responsibility and breached a separation agreement.
While acknowledging C.'s wishes, the court determined they were influenced and not in his best interests.
The court ordered defined interim access for C. with the mother and granted the mother sole authority to arrange counselling for C. and herself to rebuild their relationship, with costs shared.
The request for a police assistance order was adjourned.
Summary judgment granted for Crown wardship, but trial ordered to determine parental access.
The applicant children's aid society brought a motion for summary judgment seeking an order of Crown wardship for three children.
The parents, who arrived as refugees and faced significant intellectual and physical disabilities, struggled to provide adequate care despite extensive community support.
The court granted summary judgment for Crown wardship, finding no genuine issue for trial regarding the parents' inability to care for the children.
However, the court found the society failed to establish that there was no triable issue regarding access between the parents and the children, and ordered a trial on the issue of access.
