What is the impact of time on a child on a parent's mental health?

Ontario, Canada


The following excerpt is from E.R. v P.L., 2016 ONSC 7492 (CanLII):

The passage of almost three years is significant in the life of a child. At the date of trial she has been in the care of her grandmother for more than a quarter of her young life. It is without doubt difficult for the appellant to bear that her child is not in her care and the fact that her own mother has now assumed the role of primary care giver to the child. Yet, given the circumstances, that is what has now happened. In CCAS Metro Toronto v. C.M., 1994 CanLII 83 (SCC), [1994] 2 S.C.R. 165 at page 206, L’Heureux-Dube states: The passage of time in matters of child custody and welfare over extended periods may, unfortunately, carry a heavy burden for all concerned. … … A few months of life of a child, as compared to that of adults, may acquire significance. Years go by crystallizing situations that become irreversible.

In Children and Family Services for York Region v. H.C., Olah J. considered the conflicting question of a parent’s and the child’s s. 2 and s. 7 Charter rights and concluded: 19 While the state acknowledges the need for the timely resolution of a child's placement, the state, in seeking custody of the parent's child, engages the parent's section 7 Charter rights. These rights necessitate that the parents be able to participate properly and fully in the trial. However, the parents' Charter rights may come into conflict with the best interests of the child. While a balance between these two criteria is preferred, in the event that such a balance cannot be found, the best interests of the child must prevail. This statement is not to say that the rights of the parents should be ignored.

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