The father’s anger issues and substance use pose a serious risk: court
The Nova Scotia Supreme Court granted permanent custody of a 13-year-old girl to the Minister of Opportunities and Social Development, citing ongoing risks posed by her father.
The decision follows years of child protection proceedings and a recent incident that led to the father’s arrest under mental health legislation.
The child’s involvement with child protection authorities began at birth, with multiple interventions due to concerns about parental substance abuse, domestic violence, and unstable living conditions. In June 2023, the court placed her in permanent care, but in January 2024, the Nova Scotia Court of Appeal overturned the order and returned her to her father’s custody. Less than two months later, police responded to an early morning call from the child’s sister after the father fired a pellet gun out of her bedroom window. Police arrested him under the Involuntary Psychiatric Treatment Act, and child protection authorities took the child into their care, where she has remained since.
In deciding whether to grant permanent care and custody, the court considered whether the child remained at substantial risk of harm. The father opposed the motion, arguing that his past issues should not determine his ability to care for his daughter now. He acknowledged that he had been struggling with mental health challenges in February 2024 but claimed his condition had since stabilized. He argued that concerns about substance abuse were exaggerated and that his history of violent incidents was either mischaracterized or irrelevant to the current proceeding.
The Supreme Court found otherwise, concluding that the father’s issues with anger, substance use, and mental health continued to pose a serious risk. The decision referenced multiple incidents, including past violent behaviour, evidence of continued substance abuse, and the father’s unwillingness to acknowledge the impact of his actions on his daughter. A forensic toxicologist provided expert testimony confirming recent cocaine use, contradicting the father’s claim that any positive drug tests were the result of passive exposure. Medical records indicated that he had admitted to nightly drinking and recent drug use, and a child protection worker testified about his intoxication during a supervised visit in 2023.
The court also found that the father’s behaviour constituted emotional abuse. He refused to meet with his daughter after her mother’s remains were discovered, failed to attend a scheduled visit following the 2023 permanent care order, and repeatedly attempted to contact her despite her clearly stating that she did not wish to speak with him. The court found it inappropriate that he expected her to engage in adult conversations about his disputes with child protection authorities. The judge concluded that he lacked insight into how his actions affected his daughter and had done nothing to address the issues that had led to previous protection orders.
Under Nova Scotia’s child protection legislation, the court must dismiss the case or order permanent custody if a child has been in temporary care for more than 36 months across multiple proceedings. The court determined that she could not return to her father, given her long history in care and the lack of a viable alternative placement. The judge emphasized that the child’s well-being, stability, and safety had to take precedence and that she had clearly expressed her desire not to return to his care.
The court granted the minister’s motion for permanent custody, allowing for a final visit between the father and daughter if she wished to participate.