Children in Need of Protection

CAS v. C.P. | 2017 ONSC 7465 | Ontario Superior Court of Justice

Children in need of protection -- General principles -- Factors determining whether in need of protection -- General principles

Three children were in care and custody of mother and subject to supervision orders dating back to 2010 -- Home was in very poor condition, father was abusive and controlling, two children had been diagnosed with vascular Ehlers-Danlos Syndrome and were considered special needs, and mother had heart attack -- Children’s aid society brought motion for summary judgment for order finding that children were in need of protection and placing them in care and custody of mother subject to six-month supervision order -- Motion granted -- Society provided ample and compelling record of parents’ conflict to which children were and are exposed to, and father’s negative behaviours which put health of mother and children at risk -- Father’s abusive and controlling behaviour interfered with help and support mother was offered by extended family and society, interfered with mother and child’s ability to obtain necessary medical treatment, undermined mother’s self-esteem, and interfered with her ability to develop into self-confident parent -- Mother continued to struggle with keeping house in sanitary condition and properly caring for children’s hygiene -- There was ample evidence to support conclusion that there was risk that children were likely to suffer emotional harm as result of conflict between parents and between father and mother’s extended family -- History of father interfering with mother and child receiving proper medical care gave rise to risk of harm -- Father engaged in conflict with mother, and children were exposed to his anger -- Evidence was sufficient for finding that there was risk that children were likely to suffer physical and/or emotional harm from actions, failure to act or pattern of neglect on part of parents, and children were in need of protection.