Having lived with his grandmother most of his life, a child from Prince Edward Island had to move with his father to Alberta, a decision made by the province’s Protective Services. But this father was unaware of the child’s existence in the first six years of his life.
PEI Child Protective Services. is strongly criticized in a Supreme Court decision in a legal custody case.
Its former director Wendy McCourt also referred to in the decision. Mrs. McCourt has retired and has not consented to an interview.
Between PEI and Alberta
The parents, who live in Alberta, had a troubled relationship. After a brief marriage, the mother returned to live on Prince Edward Island, following allegations of domestic abuse. She did not tell the father that she was pregnant.
The child was born in October 2013 and the mother is having difficulty caring for him due to mental health issues. The maternal grandmother moved in with her to help take care of the child.
But in February 2019, the Director of Child Protective Services, Wendy McCourt informed the father that he had a child and the latter began the process to obtain custody.
The grandmother on her part argued that she had formed a bond with the child and that it should continue to live with her on Prince Edward Island where the other members of her maternal family lived.
The court even granted the grandmother legal status as a parent in July 2019, despite Ms. McCourt. Meanwhile, the father continued his fight against custody.
An initial decision was reversed
Justice of the Supreme Court of PEI Nancy L. Key made a decision in 2020 granting custody of the child to the grandmother.
The presiding judge ruled that the grandmother would strengthen the child’s relationship with the father and his family, but unless the court ordered him to do so, the father could not ensure that the child had a meaningful relationship with his family on Prince Edward Islandreading the decision of the Federal Supreme Court.
But the appellate court reversed Judge Key’s decision and sided with the father. The Supreme Court reversed Justice Key’s decision, but despite everything, the child still lived with his father in Alberta for two years.
The Supreme Court strongly criticized the decision of the Director of Child Protective Services to send the little one to Alberta and remove the child’s grandmother’s custody without notice.
” [Il] left his grandmother’s house to go to camp as usual, but the Principal caught him that he was no longer allowed to go home. “
The child was placed in an unknown foster family and four weeks later the child was sent to Alberta.
Question of director’s impartiality
The Supreme Court questioned the impartiality of the Director of Child Protective Services, saying he will make a series of purposeful decisions [faire pencher la balance] in favor of the father.
This indicates that the decision to place the child in a first foster family was made for incredible reasons. The father’s plan to take care of the child was also approved before he met his son, despite significant progress made while he was in his grandmother’s care.
Child Protective Services under the microscope
According to a law professor at Dalhousie University, Rollie Thompsonthe ministry needs to reflect.
People should carefully consider the actions in this case, and other cases of[ancienne] director of child protectionhe believes.
In this case, the director took the child from the custody of his maternal grandmother and placed him with his biological father who had no real – in fact no – relationship with the child, and they weighed in the balance to favor the biological father against to the mother’s grandmothersaid Mr. Thompson.
Child Protective Services officials would not comment on a particular case, but in an email said the The cases and families we work with have many levels of complexity and our employees do not make decisions lightly..
Rollie Thompson frowned when said the province did not want to comment for reasons of confidentiality.
It’s not about what the parents did, but it’s about what the Director of Child Protective Services did. They are accountable to the courts, to the public and to elected officialsMr. believes. Thompson.
After retirement from Wendy McCourt, Kelly Peck took over the reins as director of child protection in January 2021.
The ministry declined to say if any disciplinary action was taken against the former director before he left.
Based on a report by Wayne Thibodeau of the CBC
Radio Canada
Source: Radio-Canada
