Judge issues permanent care order for child

SYDNEY, N.S. — A Cape Breton mother, whose two sons were previously taken into care, pleaded with a judge to give her a second chance and not place her daughter in care.
After hearing evidence in the case that included a long history of mental, physical and emotional abuse on the mother by the child’s father, Supreme Court Justice Ken Haley was not persuaded.
“The court finds that it is not safe to put the mother in a child caring role at this time. The evidence is clear, convincing and cogent that the mother cannot be entrusted with the care of her daughter. There will be no second chance. It is too dangerous for the child,” ruled Haley, in a decision released Tuesday.
The names of the parents are prohibited from publication in order to protect the identity of the children.
The mother’s oldest child, a son, was placed in the care of the mother’s family while a second son was taken into permanent care in 2016. The daughter, born in 2017, was taken into care shortly after birth but returned to the mother in March 2018 under strict conditions that included no contact with the father.
Shortly before giving birth to her daughter, the mother suffered a brutal assault at the hands of the child’s father that rendered her blind in one eye.
A key condition for the mother to retain custody of her daughter was to have absolutely no contact with the father.
In August 2018, the mother met the father at a coffee shop by chance and he requested to see the baby.
The mother testified he had tears in his eyes and she simply froze in the moment.
“I had a weak moment. It was poor judgment. I knew it was wrong but I thought it would be OK for a couple of hours,” she testified.
A social worker found the mother and father and the baby together in the father’s apartment and immediately seized the child.
“The mother acknowledged her mistake and testified it would never happen again. She testified she is done with the father. The question is whether or the not the father is done with the mother,” said Haley.
While the father has a lengthy criminal record, he was never charged with offences against the mother as police officers told the court she would not implicate him in any wrongdoing. The issue of domestic abuse was also made clear with testimony from the mother’s mom who said her daughter did admit to being assaulted by the father.
As noted by the court, there was a long history of domestic violence, substance abuse and control and the mother was trapped in the cycle of domestic abuse.
“The mother would consistently lie to protect the father to her severe disadvantage. She was untruthful with her mother, the police, and department staff workers and services providers. The mother’s untruthful past has made her credibility before this court suspect,” said Haley, in his decision.
The judge said the mother knew full well that contact with the father would be a game changer.
“The fact remains that the child was placed at risk for whatever period of time. The court cannot control the mother should she wish to go back to the father but her decision to do so adversely affected the safety of the child. This cannot be tolerated or rationalized to any extent,” Haley said.

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