Continuing Access Rights in Crown Wardship Orders
In the case of Children’s Aid Society of Toronto v. U. (E.), Justice Sherr analyzed whether parents of a crown ward should have continuing access.
Justice Sherr stated that there had been recent amendments to the Child and Family Services Act in Bill 179 regarding continuing access in adoption cases, and he referred to the approach taken in Catholic Children’s Aid Society v. M.M. In that case, Justice Ellen Murray stated that although an access order will not prevent the child from being placed for adoption, a Notice of Intent to place the child for adoption will terminate the access order, ultimately leaving the parents with the option of applying to the court for an openness order.
Justice Ellen Murray elaborated on what the court will take into account when ruling on an openness order. Justice Murray quoted the newly amended Section 59 (2.1) of the Child and Family Services Act whereby “the Courts of first instance will only make a Crown Wardship Order with access if the Court is satisfied that:
- The relationship between the person and the child is beneficial and meaningful to the child; and,
- The ordered access will not impair the child’s future opportunities for adoption.”
In her ruling, Justice Murray stressed the importance of allowing a child to remember his/her roots, and she highlighted the fact that courts were no longer burdened with choosing between securing an adoption placement for the child and the possibility of the child maintaining some sort of connection with his/her biological family. Now with the amendments in place, the court would be permitted to allow the child to benefit from both options.
To learn more about access rights as well as the services provided by Krol & Krol, call 905.707.3370 today.
