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Child placed with the mother to avoid another custody change

In Children’s Aid Society of Ottawa v T the court considered who should have custody of the child.  The child has been subject to a number of custody changes since the parent’s separation. The relationship between the parents is highly conflictual and violent. A Family Court Clinic Assessment (FCC) raised concerns about each of the parents. 

The FCC found that the father is obsessed with proving that the mother is a bad parent. The father has trouble putting the best interests of the child above his own emotional needs. The FCC found that the mother is somewhat emotionally intrusive, overly smothering and affectionate, and may have some mixed personality difficulties.  The FCC also found that she has an underlying history of aggression towards her partner(s) and her children, but that the child D. was not at risk of physical harm.

The court ultimately held that the child should be placed in the mother’s care temporarily and subject to supervision.  This order was made because the court found that there is a risk of emotional harm if the child was placed in the father’s custody.  In addition, the child has been in the mother’s custody for the past two months and the court was reluctant to put the child through another custody change.

Children’s Aid Society of Ottawa v. I.T., 2013 ONSC 4070 (Kane J.).