B.M. v. Nova Scotia (Community Services)

B.M. v. Nova Scotia (Community Services)

Applicant failed to demonstrate the compelling circumstances required after a permanent care order to justify joinder and leave to seek variation of access; the Minister's plan for permanent placement remains viable and granting access would likely impair the children's prospects for adoption, so denying standing and refusing to vary access best serves the children's interests.

Citation
2011 NSFC 1
Parties
Applicant (maternal Grandmother): B. M.; Respondent (agency): Minister of Community Services (formerly Children's Aid Society of Pictou County); Respondent (mother): E.L.M.; Respondent (father of Older Child): L.F.; Respondent (father of Younger Child): M.S.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
14 January 2011
Procedural Posture
Family Court Child Protection / Permanent Care Variation / Application for Leave to Be Added as a Party (standing/joinder) to Apply to Vary No Access Provision After a Permanent Care Order; Hearing and Decision
Outcome
Application dismissed; leave to be added as party and to apply to vary access denied
Legal Topics
Standing/joinder, Variation of Access, Permanent Care Order, Best Interests of the Child, Statutory Interpretation
Source Language
English
Family Law Child Protection Adoption Law Administrative Law Standing/joinder Variation of Access Permanent Care Order Best Interests of the Child +1 more

Case Brief

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Parties

B. M.

Applicant (maternal Grandmother)

Minister of Community Services (formerly Children's Aid Society of Pictou County)

Respondent (agency)

E.L.M.

Respondent (mother)

L.F.

Respondent (father of Older Child)

M.S.

Respondent (father of Younger Child)

Procedural Posture

Family Court Child Protection / Permanent Care Variation / Application for Leave to Be Added as a Party (standing/joinder) to Apply to Vary No Access Provision After a Permanent Care Order; Hearing and Decision

Legal Issues

  1. 1 Whether the grandmother should be granted party status/standing to apply under s.48(3) to vary a no-access provision after a permanent care order
  2. 2 Whether the applicant demonstrated the compelling circumstances required after a permanent care order to be granted leave to apply
  3. 3 Whether granting access would impair the children's prospects for permanent placement/adoption

Ratio Decidendi

Applicant failed to demonstrate the compelling circumstances required after a permanent care order to justify joinder and leave to seek variation of access; the Minister's plan for permanent placement remains viable and granting access would likely impair the children's prospects for adoption, so denying standing and refusing to vary access best serves the children's interests.

Court Disposition

Application dismissed; leave to be added as party and to apply to vary access denied

Orders

  • Application for standing to be added as a party for the purpose of seeking variation of access under the permanent care order is dismissed