Ontario Civil


Family Law

CHILD WELFARE
Parents lacked basic instrumental parenting skills

Mother had two children, second of which was with second father. Mother and second father had such profound cognitive delays that they were unable to care for young children. Maternal grandparents could not be counted on to be alternative caregivers. First and second children were made Crown wards without access. Mother became pregnant with third child by second father. Third child was apprehended two days after his birth. Children’s Aid Society (“CAS”) commenced application for order of Crown wardship with no access for purpose of adoption. CAS brought motion for summary judgment. Motion granted. There was no genuine issue for trial relating to access. Despite attending supervised access regularly, mother and father appeared focussed on their own needs rather than needs of third child. Visits could not evolve because mother and father lacked basic instrumental parenting skills. There was no evidence suggesting continued access, whether by mother and father or maternal grandparents, was “beneficial and meaningful” from third child’s perspective. Mother and father filed no evidence addressing issue of whether access order would impair third child’s future ability to be adopted.

Catholic Children’s Aid Society of Hamilton v. B. (T.) (Oct. 8, 2013, Ont. S.C.J., A. Pazaratz J., File No. C-2068-07) 234 A.C.W.S. (3d) 937.

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