SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Nova Scotia (Community Services) v. T.A., 2010 NSSC 232
Date: 20100614
Docket: SFHCFSA-061996
Registry: Halifax
Between:
Minister of Community Services
Petitioner
v.
T. A. & B. S.
Respondents
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."
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Editorial Notice
Identifying information has been removed from this electronic version of the judgment. |
Judge: The Honourable Justice Douglas C. Campbell
Heard: May 31, June 1 & 2, 2010 in Halifax, Nova Scotia
Subject: Family Law - Child Protection - Permanent Care
Summary: The four children who were the subject of this proceeding were placed in the temporary care of the Agency pursuant to court order. Eventually the two older children were returned to the biological father of the second child, subject to Agency supervision and the other two children remained in foster care. After the provision of certain services, the Agency favored a Maintenance and Custody Act order in favor of the father regarding the first two children, with no access to the mother. The Agency sought an order for the permanent care, pursuant to the Children and Family Services’ Act, with respect to the two younger children. The child welfare issues related to the mother’s neglect of the children by providing a home which was extremely untidy and unfit. She was alleged to have significant mental health issues and lacked the necessary insight with respect to that problem to seek treatment and to benefit from it. The father sought custody of the older two children and offered no evidence against the Agency’s plan for permanent care of the younger two. The mother sought the return of three of the children to her own care conceding one child to the custody of the father provided she had acceptable access.
Issue: Whether the orders sought by the Agency should be granted.
Result: Permanent care of the younger two children was ordered in favor of the Minister with plan of adoption and no access to the mother. Custody under Maintenance and Custody Act was ordered in favor of the father with respect to the two older children with no access to the mother. This case is very fact specific.
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