What is the court finding in favour of the Children's Aid Society of Toronto’s plan for placing the child with the mother?

Ontario, Canada


The following excerpt is from Catholic Children’s Aid Society of Toronto v. M.F., 2016 ONCJ 576 (CanLII):

[101] The court finds that: a) The society’s plan will better meet the child’s physical, mental and emotional needs. The child is thriving in a family placement with a loving and capable caregiver. b) The society’s plan will better meet the child’s physical, mental and emotional level of development. c) The society’s plan will better meet the child’s need for continuity and a stable place in a family through adoption. d) The risk of placing the child with the mother is unacceptably high. The child would be moving from a stable to an unstable caregiver. e) The society’s plan will better address the child’s needs than the plan proposed by the mother. f) This case should not be delayed any further as the child should receive a permanent home as soon as possible. It is in the child’s best interests that this placement be in an adoptive home. A supervision order or a custody order to the maternal aunt would not achieve the permanency that is in the child’s best interests, particularly given the child’s young age. It is not in the child’s best interests to choose a disposition that would likely continue litigation. See: Children’s Aid Society of Toronto v. E.S., 2012 ONSC 4771.

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