CUSTODY, PARENTING AND ACCESS — Enforcement of orders

Law360 Canada ( April 2, 2024, 1:12 PM EDT) -- Appeal by Children's Aid Society of Toronto ("Society") from dismissal of its appeal from an order of Ontario Court of Justice (OCJ) judge. The Society argued that the OCJ judge did not have jurisdiction to make the order that she did. There were three children involved who were removed by the Society. The OCJ judge determined that two of the children, NM and AI, should live with their parents and the third child, JR, should live with the maternal grandparents. Both placements were for a period of 12 months and were subject to supervision by the Society. The OCJ judge also ordered specific terms of access. Allegations of breach of the terms of the order regarding access led to the Office of the Children's Lawyer bringing a motion before the OCJ judge for enforcement of the access provisions. The OCJ judge adjourned the motion to permit the parents to remedy the breach. The breach was not satisfactorily remedied. The OCJ judge chose to give the parents a further opportunity to remedy the breach by ordering access on specific dates. The Society appealed the order to the Superior Court of Justice (SCJ). The SCJ judge dismissed the appeal....
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