Ontario, Canada
The following excerpt is from CCAS v. L.M., 2012 ONSC 1778 (CanLII):
I further adopt the reasoning of the court in Children’s Aid Society of the Niagara Region v. J.C. (2007), 2007 CanLII 8919 (ON SCDC), O.J. No. 1058, where the court stated as follows:- … The only positive factors which the trial judge identified in regard to the mother’s relationship with the children at the time of trial was that she loved the children, the children loved her, and through her access she conveyed to the children that she loved them and wanted to be part of their lives. Standing alone, these findings were inadequate to satisfy the requirement that the relationship between the children and their mother was “beneficial” within the meaning of s.59(2)(a). More is required than love, the display, the fact that the mother had cared for the children in the past, the fact that the mother was the biological parent, and the fact that some visits were pleasant especially when various negative factors impacting on the children’s emotional health were identified.
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