Child and Family Services of Western Manitoba v. C.D.C. et al., 2015 MBQB 27

• Judge: Menzies, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 10, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBQB 27;(2015), 314 Man.R.(2d) 12 (QB)

CFS v. C.D.C. (2015), 314 Man.R.(2d) 12 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. MR.005

Child and Family Services of Western Manitoba (petitioner) v. C.D.C., T.C.D. and L.E.W. (respondents) and R.J.C.C. and C.B.C. (guardianship applicants)

(CP 12-02-00935; 2015 MBQB 27)

Indexed As: Child and Family Services of Western Manitoba v. C.D.C. et al.

Manitoba Court of Queen's Bench

Brandon Centre

Menzies, J.

February 10, 2015.

Summary:

The child protection agency sought an order granting it permanent guardianship of a mother's three children, age 11, eight and one year. The mother did not oppose the application for the two older children, who had been in the paternal grandmother's care for the last four years. However, the mother asked that the youngest child, who had been in care since birth, be returned to her care. The maternal grandparents sought guardianship of the two older children and the youngest as well if a permanent order was made regarding that child.

The Manitoba Court of Queen's Bench allowed the agency's application for permanent guardianship of all three children. The two older children were to remain in the paternal grandmother's care. There was insufficient evidence on which to determine if it was in the youngest child's best interests to be placed for adoption or with the maternal grandparents.

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.

Guardian and Ward - Topic 815

Public trustee or guardian - Appointment - Child or adult in need of protection - Considerations (incl. best interests of child) - [See Guardian and Ward - Topic 816 ].

Guardian and Ward - Topic 816

Public trustee or guardian - Appointment - Child or adult in need of protection - Permanent appointment - The child protection agency sought an order granting it permanent guardianship of a mother's three children, age 11, eight and one year - The mother did not oppose the application for the two older children, who had been in the paternal grandmother's care for the last four years - However, the mother asked that the youngest child, who had been in care since birth, be returned to her care - The maternal grandparents sought guardianship of the two older children and the youngest as well if a permanent order was made regarding her - The Manitoba Court of Queen's Bench allowed the agency's application for permanent guardianship of all three children - The mother's addictions, her refusal to deal with them and her difficulty in effectively engaging the children meant that the children remained in need of protection - The mother would not be able to improve her parenting skills in a meaningful time frame to assume care of any of the children - She continued to drink alcohol and use marijuana - The mother had not yet recognized the need to deal with her addiction issues - To move the two older children would risk an unnecessary disruption - They had made substantial gains where they were - Their current placement with the paternal grandmother should be maintained - There was insufficient evidence on which to determine if it was in the youngest child's best interests to be placed for adoption or with the maternal grandparents.

Cases Noticed:

Winnipeg Child and Family Services (East) v. T.S.L. - see Child and Family Services of Winnipeg East v. K.A.D. et al.

Child and Family Services of Winnipeg East v. K.A.D. et al. (1995), 102 Man.R.(2d) 262; 93 W.A.C. 262; 125 D.L.R.(4th) 255; 13 R.F.L.(4th) 357 (C.A.), refd to. [para. 3].

Counsel:

J. Cram, for the petitioner;

A. Synyshyn, for the respondents;

K. Webb, for the guardianship.

This application was heard by Menzies, J., of the Manitoba Court of Queen's Bench, Brandon Centre, who delivered the following judgment on February 10, 2015.