Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Nova Scotia (Community Services) v. F.B., 2013 NSSC 100

 

Date: 20130312

Docket: SFHCFSA-076632

Registry: Halifax

Between:

                                      Minister of Community Services

Petitioner

v.

 

                                                           F.B.

Respondent

 

 

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 Mona M. Lynch

 

Heard:                        January 14, 15, 16, 17, 18, 28, 29 & 30, 2013

February 19, 20 & 26, 2013, in Halifax, Nova Scotia

 

 

Subject:                      Children and Family Services Act; Permanent Care

 


Summary:                  The Minister of Community Services seeks permanent care and custody of an 18 month old child alleging that there is substantial risk of emotional harm to the child based on the mother=s emotional unstable and unpredictable behaviour. 

 

Issue:                          Is it in the best interests of the child to return her to her mother or place her in the permanent care and custody of the Minister of Community Services?

 

Result:                      While the mother has many good qualities and takes good care of the child=s physical well-being, her emotional instability and unpredictability places the child at substantial risk of emotional harm.  There is no time left under the Children and Family Services Act for the mother to alleviate the risk of harm.   The child is placed in the permanent care and custody of the Minister of Community Services with no access to the mother.

 

 

 

 

 

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