CUSTODY, PARENTING, AND ACCESS - Best interests of child - Capacity or conditions of parents

Law360 Canada (December 12, 2022, 9:25 AM EST) -- Appeal by JC and VL opposing the increased parenting time. The appellants were the maternal grandfather and step-grandmother of the Child, KC. In 2018, the father agreed to a Consent Guardianship Termination Order terminating his guardianship rights. In 2019, the appellants and the Mother consented to an order giving the appellants guardianship rights, together with the Mother. In 2020, the Mother applied to terminate the appellants’ guardianship and varied parenting. In 2021, the parties attended a one-day viva voce parenting hearing. Airth granted an Interim Parenting Order, which reduced the Mother’s parenting time but provided for it to increase over time. D’Souza granted the Consent Order. The Consent Order reduced the Mother’s parenting time to two hours on alternating Sundays, which could be increased to four hours if the Child was comfortable and wanted more time with his Mother. Counsel for the child was appointed in December 2021. The parties attended before the Judge in the afternoon of January 20, 2022. Counsel advised that the matter was an emergency, that the Consent Order was not serving the Child, and that she would like significant changes to the Consent Order....
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