What is the test for placing a child in care of a parent who had charge of the child before the intervention?
Ontario, Canada
The following excerpt is from Kina Gbezhgomi Child and Family Services v. M.A., 2020 ONCJ 414 (CanLII):
Only after this burden is satisfied as against the party who had charge of the child before the intervention, can the court look to other options, such as the placement of the children in another home, using a best interests test. See: Catholic Children’s Aid Society of Toronto v. K.S., 2020 ONCJ 268. Application to the facts of this case 1. Are there reasonable grounds to believe that there is a real possibility that if the children are returned to the respondent, it is more probable than not that they will suffer harm?
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