Nova Scotia (Community Services) v. RMN

Nova Scotia (Community Services) v. RMN

On the balance of probabilities the Minister proved under s.22(2)(b) CFSA that the child would be at substantial risk of physical harm if placed with the mother due to her lack of parenting capacity, inadequate support network and lack of insight; accordingly, with statutory time limits expired, a permanent care order was granted and ongoing access to the mother denied except for transitional visits to preserve permanency.

Citation
2017 NSSC 270
Parties
Applicant/minister: Nova Scotia (Community Services); Respondent/mother: RMN; Respondent/father: MC
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 October 2017
Procedural Posture
Child Protection Permanent Care Application Under the Children and Family Services Act / Final Disposition (permanent Care Trial and Decision)
Outcome
Permanent care order granted; child placed in permanent care and custody of the Minister; access by mother terminated except for usual transitional visits.
Legal Topics
Permanent Care Order, Child in Need of Protective Services, Parental Capacity Assessment, Access/visitation, Best Interests of the Child, Intellectual Disability and Parenting
Source Language
English
Family Law Child Protection Administrative Law Permanent Care Order Child in Need of Protective Services Parental Capacity Assessment Access/visitation Best Interests of the Child +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Nova Scotia (Community Services)

Applicant/minister

RMN

Respondent/mother

MC

Respondent/father

Procedural Posture

Child Protection Permanent Care Application Under the Children and Family Services Act / Final Disposition (permanent Care Trial and Decision)

Legal Issues

  1. 1 Does the child remain a child in need of protective services under s.22(2) of the CFSA?
  2. 2 Should a permanent care order be granted?
  3. 3 If a permanent care order is granted, should access be ordered for the mother?

Ratio Decidendi

On the balance of probabilities the Minister proved under s.22(2)(b) CFSA that the child would be at substantial risk of physical harm if placed with the mother due to her lack of parenting capacity, inadequate support network and lack of insight; accordingly, with statutory time limits expired, a permanent care order was granted and ongoing access to the mother denied except for transitional visits to preserve permanency.

Court Disposition

Permanent care order granted; child placed in permanent care and custody of the Minister; access by mother terminated except for usual transitional visits.

Orders

  • Child placed in permanent care and custody of the Minister of Community Services
  • Ongoing access by the mother terminated; limited transitional visits permitted