Crown Wardship: Best Interests of the Child

Family Law courts in Ontario constantly stress the pinnacle goal and objective when hearing a motion or ruling at trial; the best interests of the child will be the primary concern and basis for the court’s ruling.

There are circumstances when a Court will rule in favor of a Crown Wardship Order. These motions are brought by way of summary judgment for specific reasons. Ultimately, children should not be the victim of a delayed parenting plan. A parent should not be awarded the time to become a “good” parent. If the factual evidence proves that there is merely a triable issue that the best interests of the children are with the Crown and not the child’s biological parent, then a trial will take place without further delay.

As Justice Pazaratz stated in Children's Aid Society of Hamilton v. M. (A.), 2012 CarswellOnt 15067 (Ont. S.C.J.),

“Summary judgment is a tool to control a child's drift in litigation and allow for a permanent home for the child within a time-frame that is sensitive to the child's needs. The legal process should not be used to "buy" a parent time to develop the ability to parent. (Children's Aid Society of Toronto v. H. (R.), 2000 CanLII 3158 (ON CJ), [2000] O.J. No. 5853 (O.C.J.), paragraph 15)). In child protection proceedings, there is an overriding statutory imperative to ensure that the commencement of permanency planning for children is done in a timely fashion (Children's Aid Society of Ottawa v. C. (S.), reflex, 2003 CarswellOnt 9373 (S.C.J.).”

Furthering this notion, Justice Harper, in Children's Aid Society of Hamilton v. R. (K.), 2014 CarswellOnt 14930 (Ont. S.C.J.), stressed that the Child and Family Services Act highlights as its underlying theme the imperative responsibility of the courts to bring these cases as soon as possible so as not to compromise the well-being of the child.

To learn more about crown wardship orders as well as the services provided by Krol & Krol, call 905.707.3370 today.