IN THE SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Children’s Aid Society of Halifax v. D.H., 2006 NSSC 1
Date: 20060103
Docket: SFHCFSA 036105
Registry: Halifax
Between:
Children’s Aid Society of Halifax
Applicant
v.
D. H. and R. S.
Respondents
and
A. M. S. Third Party
LIBRARY HEADING
Restriction on Publication: Publishers of this case please take note that s. 94(1) of the Children and Family Services Act applies and may require editing of this judgment or its heading before publication.
Section 94(1) provides:
"No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding pursuant to this Act, or a parent or guardian, a foster parent or relative of the child."
Judge: The Honourable Justice Douglas C. Campbell
Heard: October 3,4,5,6,7,11,12,14,21,25, 2005 in Halifax, Nova Scotia
Subject: The Agency sought an order for permanent care of the three children pursuant to the Family & Children’s Service Act. The child welfare concerns involved lack of parenting skills, household management skills and conditions of uncleanliness. The mother’s circumstances changed late in the proceedings in that she had separated from the father and entered a common-law relationship with another person and would have the support arising from residing with his parents. She attributed the problems of the past to the father and argued that the four months remaining in the statutory time line would allow her an opportunity to care for the children in new circumstances that could lead to a full return of custody to her.
RESULT: For a number of fact specific reasons, the change in circumstance did not justify a deferral of the permanent care request. There is no legal requirement to continue to work with the family until the maximum time limits have been reached. Permanent care granted.
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