Director of Child Welfare (Nfld.) v. J.M. and G.M., (1990) 86 Nfld. & P.E.I.R. 52 (NFPC)

• Judge: Hyslop, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: November 02, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 86 Nfld. & P.E.I.R. 52 (NFPC)

CFS v. J.M. (1990), 86 Nfld. & P.E.I.R. 52 (NFPC);

    268 A.P.R. 52

MLB headnote and full text

The Director of Child Welfare (applicant) v. J.M. and G.M. as parents of the children C.M. and A.M. (respondents)

Indexed As: Director of Child Welfare (Nfld.) v. J.M. and G.M.

Newfoundland Provincial Court

District of Gander

Hyslop, P.C.J.

November 2, 1990.

Summary:

The Director of Child Welfare applied for an order of permanent custody of two children on the ground that they were abused by their mother. The children were well cared for, but the mother subjected them to beatings.

The Newfoundland Provincial Court allowed the application in part and held that the children were in need of protection, but returned them to their parents under an order of permanent supervision.

Guardian and Ward - Topic 814

Public trustee or guardian - Appointment - Child in need of protection - Family or departmental supervision - Permanent - The parents of a 15 year old girl and a mentally handicapped 13 year old boy were caring and responsible parents, but the mother's driven nature and unrealistic expectations of the children caused her to physically abuse them in the form of beatings, including, especially, blows to the face - The Newfoundland Provincial Court held that the children were in need of protection, but returned them to their parents upon strict conditions under a permanent supervision order - In particular, the parents, especially the mother, were to attend counselling with a view to improving their parenting abilities and her temper.

Guardian and Ward - Topic 815

Public trustee or guardian - Appointment - Child in need of protection - Considerations and best interests of child - [See Guardian and Ward - Topic 814 ].

Cases Noticed:

Greenland and Greenland, Re (1985), 50 Nfld. & P.E.I.R. 193; 149 A.P.R. 193 (Nfld. U.F.C.), appld. [para. 20].

Children's Aid Society of Winnipeg v. Redwood (1980), 19 R.F.L.(2d) 232 (Man. C.A.), appld. [para. 22].

Statutes Noticed:

Child Welfare Act, S.N. 1972, c. 37, sect. 2(a.1)(vi) [para. 4]; sect. 15(1)(c) [para. 20]; sect. 47 [para. 18].

Counsel:

Carson Lawrence, for the Director of Child Welfare;

Barbara MacAdam, for the respondents.

This case was heard at Gander, Newfoundland, before Hyslop, P.C.J., of the Newfoundland Provincial Court, District of Gander, who delivered the following judgment on November 2, 1990: