In a child protection proceeding, the father brought a motion for summary judgment seeking custody of two children while the child protection agency sought to withdraw its protection application and terminate interim orders.
The court considered whether there were genuine issues requiring trial regarding a protection finding and custody arrangements under the Child and Family Services Act.
The court found no genuine issue requiring trial on the protection finding and concluded that the younger child should remain in the father's custody based on stability and best interests, granting summary judgment on that issue.
However, a genuine issue remained regarding custody of the older child, who had been independently deciding her residence, and that issue was not suitable for summary judgment.
The protection application was permitted to be withdrawn and interim protection orders were terminated.
