Court of Appeal

CASE NO.                                     VOL. NO.                                            PAGE

S.L.S.         - and -               CHIDREN’S AID SOCIETY OF SHELBURNE COUNTY and C. L. J. and M. J.

(Appellant)                                                                                                                   (Respondents)

CA167073                                                  Halifax, N.S.                                                   Flinn, J.A.

[Cite as: Children’s Aid Society of Shelburne County  v. S.L.S. , 2001 NSCA 62]

APPEAL HEARD:                       March 21, 2001

JUDGMENT DELIVERED:         April 12, 2001

SUBJECT:       Children and Family Services Act - Appeal from Decision of Trial Judge Awarding Permanent Care and Custody to the Agency

SUMMARY:    The child A.S.J. was apprehended twice by the respondent Agency before he was two months old.  The circumstances of the apprehension reveal a history of violence between the parents in the presence of the child to the extent that the Agency felt that neither parent could protect the child from physical and emotional harm.  The evidence revealed that the appellant mother does not have the ability to parent and neither the attitude, nor the aptitude, to improve herself as a person or as a parent.  The trial judge ordered that the child be placed in the permanent care and custody of the Agency with no access to either parent.  The father supports the position of the Agency and the order of the trial judge.

RESULT:        Appeal dismissed.

There was ample evidence to support the trial judge’s factual conclusions in this case.  In coming to his ultimate conclusion, the trial judge made no error of law which would warrant the intervention of this court.