Grandmother denied standing in child protection proceeding

SYDNEY — A Cape Breton grandmother’s request for standing in a child protection proceeding has been denied.

The judge determined the grandmother failed to put her grandchildren’s interests above those of her daughter in the past.

Justice Lee Ann MacLeod-Archer issued a written decision in the matter April 29. The parties are not identified to protect the identities of the children.

The decision noted the parents have two small children together while the mother has another younger child for whom no father is named on the birth certificate.

The maternal grandmother sought standing in relation to the proceeding involving the two older children.

In her decision, MacLeod-Archer noted the mother has long-standing drug addictions and a history of poor lifestyle choices, including relationships with violent partners.

“She has not always put the interests of her grandchildren first, and history predicts that she will likely continue in that vein,” MacLeod-Archer wrote.

The minister of community services (in the court documents “minister” refers to the Department of Community Services) has been intermittently involved with the mother since 2010 and the grandmother has played a role, including at times providing a home for her daughter and grandchildren and supervising the mother’s contact with the children.

When the mother and two children in question most recently lived with the grandmother last fall, a protection order directed that the children reside in the grandmother’s care or her parents, with the mother allowed only supervised contact.

In fall 2018, there were concerns about the mother having unsupervised visits with the children. An investigation substantiated the concerns and the children were taken into the minister’s care.

The test for determining if the grandmother meets the criteria for standing is if she has a direct interest in the matter, has a familial or other relationship with the children, and whether there is a reasonable possibility the children’s welfare may be enhanced by granting standing. While the first two criteria were acknowledged, the minister did not agree with the last.

The grandmother argued that she now realized she must put the best interests of the grandchildren first and won’t allow her daughter back into their lives without being sure she isn’t abusing drugs.

The minister, however, cited a number of past occasions when the grandmother failed to protect the children from the risk posed by their mother. They included failing to report drug use or failing to do so in a timely manner, as well as many other concerns.

The grandmother countered that many issues outlined by the minister were mistakenly applied to her. She acknowledged she hadn’t always reached out to the minister and she doesn’t want the minister involved in her life but she indicated she would report concerns if they arose in the future.

She said she can provide a safe, loving home for her grandchildren.

In her decision, MacLeod-Archer noted the grandmother loves both her daughter and her grandchildren but also has a history of placing her daughter’s interests above their interests.

There were also concerns that the grandmother’s long-term plan lacked clarity. The mother currently has no contact with the children and the grandmother indicated she would call police if she returned and sought contact with them.

MacLeod-Archer said despite almost a decade of involvement with the Department of Community Services, she is not satisfied the grandmother sees the minister as a valuable partner to whom she would turn for help.