Case Law for Motions for the Immediate Return of the Child(ren)
Summary
- Is the child at risk of harm and 2 can the child be protected by a supervisory order. the CAS must prove to the court that not only is the child at risk of harm but they must also prove that a supervisory order will not adequately protect the child
- If they can not prove both the court has no choice but to order the return of the child
- This is mandatory by law under section 51.3 of the CFSA
- If the child can be protected by way of a supervisory order the courts must apply section 51.2 (a) and 51.2 (b) of the CFSA
- CAS Algoma vs SC
- CAS London and Middlesex vs SD
- CAS Thunder Bay vs CG
- CAS Ottawa-Carleton vs D(K)
- CAS Waterloo vs DD
- CAS Haldimand-Norfolk vs CLJ
- Catholic CAS Toronto vs L(P)
- CAS Algoma vs SS
- CAS Algoma vs N(R)
- CAS Niagara vs B(C),
- CAS Toronto vs YB
Source: Facebook, Canada Court Watch
Should Canada Court Watch update their document, you may find it at CASOntario.
