What is the test for establishing that a parent's desire to resume care of a child is genuine?
Ontario, Canada
The following excerpt is from Children and Family Services for York Region v K.O., 2016 ONSC 225 (CanLII):
In The Children’s Aid Society of the Region of Peel v. A.R[3], Justice Clay states: 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 discernable from the parent’s evidence that she faces some better prospects than what existed at the time of the society’s removal of the child from her care and has developed some new ability as a parent.
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