Ontario Civil

Family Law

Mother did nothing to show ability to organize her life

Child was apprehended at birth. Mother had supervised and partially supervised access. Father was unknown to society. Mother was unable to obtain and maintain appropriate housing. Society had concerns about mother’s attendance for access. Mother had on-again/off-again relationship with partner. Mother’s partner refused to meet with society workers and admitted to using marijuana to manage chronic pain. There was domestic violence. Mother indicated partner was part of mother’s plan for child. Society sought order making child Crown ward with no access to mother. Society brought motion for summary judgment. Mother filed no material and made no submissions challenging society’s analysis. Child was made Crown ward without access by mother. There was overwhelming lack of progress by mother in addressing fundamental parenting issues. There were concerns about mother’s chronic lifestyle and relationship problems. There was no genuine issue for trial. Mother did nothing to show mother had ability to organize mother’s life to provide safe and stable physical and emotional environment for child. There were no other less intrusive alternatives available. There was no evidence to suggest that continuing access would be beneficial and meaningful from child’s perspective.

Children’s Aid Society of Hamilton v. M. (A.) (Oct. 31, 2012, Ont. S.C.J., Pazaratz J., File No. C-1333/06) 222 A.C.W.S. (3d) 135.

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

Lawyers have expressed concerns that of 38 justices of the peace the province appointed this summer, only 12 have law degrees. Do you think this is an issue?