The Children's Aid Society moved for temporary care and custody of a newborn child pending its appeal of a motion judge's order that placed the child with the parents under supervision.
The Society argued the motion judge erred by omitting a statement of the plans of care and sought to introduce fresh evidence regarding the mother's mental health and the paternal grandfather's history of allowing a sex offender to reside in his home.
Applying a modified test for a stay pending appeal, the court found a serious issue to be tried based on the fresh evidence and concluded that the risk of irreparable harm to the child outweighed the harm of temporary separation from the parents.
The motion was granted, and the child was placed in the Society's care pending the appeal.
