Family Court

Decision Information

Decision Content

 

                                      IN THE FAMILY COURT OF NOVA SCOTIA

                          Citation: Family & Children’s Services of Annapolis County v. C.D.,

 2008 NSFC 11

                                                                                                                                  Date: 20080414

                                                                                                                            Docket:03D025669

Registry: Yarmouth

 

 

Between:

                                        Family & Children’s Services of Annapolis County

                                              (now the Minister of Community Services)

                                                                                                                                              Applicant

                                                                             v.

 

                                                               C.D., A.M. & M.T.

                                                                                                                                         Respondents

 

                                                                             &

 

                                                              M.W., L.M. & G.M.

                                                                                                                                         Third Parties

 

                                                         LIBRARY HEADING

 

 

Judge:             The Honourable John D. Comeau, Chief Judge of the Family Court of

Nova Scotia

 

Heard:                        March 11, 2008 in Digby, Nova Scotia

 

Decision Date            April 14, 2008

 

Counsel:                     W. Bruce Gillis, Q.C., for the Applicant

Patricia Reardon, Esq., for the Respondent, C.D.

Matthew Darrah, Esq., for the Respondents, A.M. & M.T.

Raymond Jacquard, Esq., for the Third Party, M.W. (joined as a party

On the hearing date)

L.M. & G.M., self-represented Third Parties (joined as parties on the

Hearing date.

 

 

Issue  :                       Ministers Plan of Care. Whether in best interests of child.

Disposition CFSA Foster parents as Parties.

 


Summary:                   The child who is now seven years of age (D.O.B. June *, 2001) was placed with his paternal grandmother in August 2002 and taken into care by the Minister on June 6, 2007 as she was unable to care for him because of some of his actions. His biological parents lacked parenting skills and maturity and they were not an option for placement. The child had been with the foster parents for a year and was progressing and happy there. The Minister  proposed dismissal of the CFS Act matter and placement with a step-father for custody under the MC Act. The foster parents asked for party standing and proposed permanent care and custody and placement with them for adoption. The paternal Grandmother supported the foster parents while the biological parents supported the step-father.

 

Result:                      The Court granted the foster parents full party standing which is rare at the disposition stage. The paternal Grandmother was the parent as defined under the Act and for that reason and the fact that she recommended the foster parent placement, they were joined as parties, which is usually only allowed on an application to terminate. The Court also commented this was ordered because the person who the Minister proposed for placement was not a relative.

 

After reviewing the facts and applying the paramount consideration, the Court ordered permanent care and custody with no access. It was recommended the child be placed with the foster parents for adoption. Although not binding, the Court advised the foster parents they should facilitate access with the paternal grandmother and also to the step-father. The parents should have no access.

 

 

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