Nova Scotia (Community Services) v. T.A.

Nova Scotia (Community Services) v. T.A.

The evidence, including psychiatric and social work reports and the history of recurrent unfit living conditions and school absenteeism, established that less intrusive measures were inadequate and that the mother’s untreated mental illness and lack of insight rendered her unable to provide stable, fit care;...

Source-derived case information.

Citation
2010 NSSC 232
Parties
Petitioner: Minister of Community Services; Respondent (mother): T. A.; Respondent (father): B. S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 June 2010
Procedural Posture
Combined Children and Family Services Act (cfsa) and Maintenance and Custody Act (mca) Proceedings / Permanent Care and Custody Hearing Judgment (final Hearing)
Outcome
Permanent care and control granted to the Minister of Community Services for the third and fourth children pursuant to the CFSA; the agency’s CFSA claim respecting the first and second children withdrawn; sole custody of the first and second children granted to the father pursuant to the MCA; access between the...
Legal Topics
Permanent Care Orders, Supervision and Apprehension, Parental Capacity Assessment, Access Restrictions, Best Interests of the Child, Withdrawal of Agency Claim, MCA Custody Order
Source Language
english
Family Law Child Protection Custody and Access Adoption Mental Health and Capacity Assessment Permanent Care Orders Supervision and Apprehension Parental Capacity Assessment +4 more

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Parties

Minister of Community Services

Petitioner

T. A.

Respondent (mother)

B. S.

Respondent (father)

Procedural Posture

Combined Children and Family Services Act (cfsa) and Maintenance and Custody Act (mca) Proceedings / Permanent Care and Custody Hearing Judgment (final Hearing)

Legal Issues

  1. 1 Whether the agency satisfied s.42 CFSA to obtain permanent care and control of the third and fourth children
  2. 2 Whether less intrusive alternatives were adequate to protect the children if returned to the mother
  3. 3 Whether the first and second children should be placed in the sole custody of the father under the MCA

Ratio Decidendi

The evidence, including psychiatric and social work reports and the history of recurrent unfit living conditions and school absenteeism, established that less intrusive measures were inadequate and that the mother’s untreated mental illness and lack of insight rendered her unable to provide stable, fit care; accordingly the court granted permanent care and control of the third and fourth children to the agency under the CFSA and placed the first and second children in the sole custody of the father under the MCA with no access by the mother to protect the children’s best interests and their need for permanence.

Court Disposition

Permanent care and control granted to the Minister of Community Services for the third and fourth children pursuant to the CFSA; the agency’s CFSA claim respecting the first and second children withdrawn; sole custody of the first and second children granted to the father pursuant to the MCA; access between the...

Orders

  • Permanent care and control of the third and fourth children granted to the Minister of Community Services pursuant to the Children and Family Services Act
  • The Minister’s claim pursuant to the CFSA respecting the first and second children is withdrawn