The child protection agency brought a motion within a status review proceeding to change the temporary placement of an Indigenous child from the father's care to the mother's care pending trial.
The mother supported the motion, citing her progress in substance abuse recovery, while the father opposed it, arguing the child had stability in his care and the mother's progress needed to be tested at trial.
The court applied a flexible approach to varying a supervision order and determined that the father had provided stability for over two years.
The court dismissed the motion, finding that the evidence regarding the mother's recovery and the child's best interests required a full trial.
