C.O., Re, (2014) 611 A.R. 1 (PC)

• Judge: Cook-Stanhope, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 27, 2014
• Citations: (2014), 611 A.R. 1 (PC);2014 ABPC 239

C.O., Re (2014), 611 A.R. 1 (PC)

MLB headnote and full text

Temp. Cite: [2014] A.R. TBEd. NO.068

In The Matter Of the Child Youth and Family Enhancement Act, R.S.A. (2000) Chap. C-12

In The Matter Of C.O., Born [xxx] 2009, and R.O., Born [xxx] 2011 (130352370W1; 2014 ABPC 239)

Indexed As: C.O., Re

Alberta Provincial Court

Cook-Stanhope, P.C.J.

October 27, 2014.

Summary:

Two children, born in 2009 and 2011, had been subject to continuing orders of temporary guardianship since 2012 while in their mother's care. At the time of the children's apprehension, the father was not involved with them at all. The Director applied for permanent guardianship orders pursuant to s. 34 of the Child Youth and Family Enhancement Act. The father applied for guardianship under s. 23 of the Family Law Act. The mother supported the father's application. Both applications were heard simultaneously.

The Alberta Provincial Court granted the Director's application, and ordered that there be no further access permitted to either parent.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Family Law - Topic 2001.3

Custody and access - Access - Access to children under guardianship order - The Alberta Provincial Court considered the issue of post-permanent guardianship access, and ordered that there be no further access permitted to either parent - In the case of the mother, the Director opposed future access because she had failed to maintain any access with the children for many months, despite arrangements having been in place - To reintroduce access, even brief access for the purpose of a farewell visit with the children, would be extremely disruptive and potentially harmful for the children - See paragraphs 264 and 265.

Family Law - Topic 2001.3

Custody and access - Access - Access to children under guardianship order - The Alberta Provincial Court, following orders for permanent guardianship, ordered that there be no further access permitted to either parent - In the case of the father, access had continued to be supervised in light of the children's disclosures of sexual improprieties following his unsupervised visitations - Farewell access visits were solely for the benefit of children and not for the benefit of parents - As at the time of the hearing, the father refused to engage in the counselling identified as necessary to address his family of origin issues -He also delayed in engaging in counselling to address other issues, until immediately before the hearing - The Court was not satisfied that the father would engage in the kind of therapeutic access preparation necessary to allow a farewell visit to go forward - See paragraphs 266 to 268.

Guardian and Ward - Topic 816

Public trustee or guardian - Appointment - Child or adult in need of protection - Permanent appointment - Two children, born in 2009 and 2011, had been subject to continuing orders of temporary guardianship since 2012 while in their mother's care - At the time of the children's apprehension, the father was not involved with them at all - The Director applied for permanent guardianship orders (PGO's) pursuant to s. 34 of the Child Youth and Family Enhancement Act - The father applied for guardianship under s. 23 of the Family Law Act - The mother supported the father's application - Both applications were heard simultaneously - The Alberta Provincial Court granted PGO's to the Director - Following their apprehension, the children had remained in care continuously, and became subjects of temporary guardianship orders in 2013 (s. 34(1)(a)) - The survival, security and development of the children would be in peril if they were returned to the mother (s. 34(1)(b)) - In light of the mother's consent as sole guardian to PGOs and her acknowledgement that she could not adequately parent the children in the future, and in light of the evidence which supported her position, there was no likelihood the children would ever be returned to her care (s. 34(1)(c)) - The father was not a suitable candidate for the guardianship of the two children - See paragraphs 235 and 236.

Guardian and Ward - Topic 816

Public trustee or guardian - Appointment - Child or adult in need of protection - Permanent appointment - Two children, born in 2009 and 2011, had been subject to continuing orders of temporary guardianship since 2012 while in their mother's care - At the time of the children's apprehension, the father was not involved with them at all - The Director applied for permanent guardianship orders (PGO's) - The father applied for guardianship under s. 23 of the Family Law Act - The Alberta Provincial Court granted PGO's to the Director - The father was not a suitable candidate for the guardianship of the children - The Court considered the very specialized needs and circumstances of each child, which included their physical, psychological and emotional needs, and, in particular, their need for stability - In addition, the Court reviewed the nature, strength and stability of the short relationship between the children and their father - The father's last minute "plan" was not suited to the children's exceptional needs - His unwillingness to engage in individual counselling and therapy also created an unacceptable risk to the children - The father lacked the capacity or willingness to understand and respond to the children's unique needs - Following unsupervised visits, the children had disclosed sexual improprieties - A visit supervisor refused to provide future supervision services due to the father's inappropriate contact with her - See paragraphs 236 to 263.

Guardian and Ward - Topic 825.3

Public trustee or guardian - Appointment - Access - [See both Family Law - Topic 2001.3 ].

Cases Noticed:

K.W. v. Director of Child Welfare (Alta.) (2006), 401 A.R. 175; 391 W.A.C. 175; 2006 ABCA 404, refd to. [para. 14].

Statutes Noticed:

Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12, sect. 34 [para. 5].

Family Law Act, S.A. 2003, c. F-4.5, sect. 18(2) [para. 7]; sect. 21(1), sect. 21(5), sect. 21(6), sect. 21(7) [para. 8]; sect. 23(1), sect. 23(3) [para. 6].

Counsel:

S. Parmar, for the Director;

R. Omura, for the mother;

C. Easton, for the father;

R. Forsyth-Nicholson, for the children.

These applications were heard on May 20 and 22, June 10-13, July 17-18, and October 27, 2014, before Cook-Stanhope, P.C.J., of the Alberta Provincial Court, who delivered the following judgment, dated at Calgary, Alberta, on October 27, 2014.