What is the test for a parent to proceed in a child protection proceeding?
Ontario, Canada
The following excerpt is from Catholic Children’s Aid Society of Toronto v. G.O., 2014 ONCJ 523 (CanLII):
[88] A child’s need for permanency planning within a timeframe sensitive to that child’s needs demands that the legal process not be used as a strategy to “buy” a parent time to develop an ability to parent. In child protection proceedings, the genuineness of an issue must arise from something more than a heartfelt expression of a parent’s desire to resume care of the child. There must be an arguable notion discernible from a parent’s evidence that they face some better prospects than what existed at the time of the society’s removal of the child from their care and has developed some new ability as a parent. See: Children’s Aid Society of Toronto v. R.H. 2000 CanLII 3158 (ON CJ), [2000] O.J. No. 5853 (Ont. C.J.). 5.2 The children
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