DIRECTOR OF CHILD, FAMILY v. COMMUNITY SERVICE, 2019 BCPC 26

Citation: British Columbia (Director of Child, Family and Community Service) v. A.D. and A.R. 2019 BCPC 26 Date: 20190116 File No: F39898 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE CHILD FAMILY AND COMMUNITY SERVICE ACT , R.S.B.C. 1996 c. 46 AND THE CHILD: A.F.R. , born [omitted for publication ] BETWEEN: DIRECTOR OF CHILD, FAMILY AND COMMUNITY SERVICE APPLICANT AND: A.D. and A.R. PARENTS CFCSA MATTER RESTRICTION ON ACCESS

SECTION 3(

d) PROVINCIAL COURT ACT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE A. W. WOLF Counsel for the Director: M. Henricksen Counsel for the Parents: S. Foo (for A.D.) A. Prkacin (for A.R.) Place of Hearing: Surrey , B.C. Dates of Hearing: January 14, 15, 2019 Date of Judgment: January 16, 2019

[ 1 ] THE COURT: These are the reasons for the matter of family court file 39898, the Director and E.R., K.R. and A.F.R. INTRODUCTION [ 2 ] The Director wishes to have seven-year-old A.F.R. permanently transferred to the custody of her grandmother where she has been living for the past two years. She has been in a caring and supportive environment under the loving hands of her maternal grandmother.

She lives with her two step-siblings from her mother's side who are 11 and 13 years old. [ 3 ] Two years ago, A.F.R.’s mother and father both were in the throes of addiction and were not able to care for A.F.R. or her brother or sister. A.F.R. has been waiting for the answer to where her forever home was going to be for far too long. I understand the Act creates timelines that we try to adhere to in an effort to lessen the amount of time our children are in care. I appreciate that there has already been an extension and this decision will make the time for A.F.R. that much longer.

However, for the reasons I am about to express, it is my view another five months is necessary to increase the chance that A.F.R. might be able to at least continue to be supported by a healthy drug-free father, no matter where she is living. The Law – Guiding Principles [ 4 ] Subsection (2) of the CFCSA : This Act must be interpreted and administered so that the safety and well-being of children are the paramount considerations and in accordance with the following principles: (

a) children are entitled to be protected from abuse, neglect and harm or threat of harm; (

b) a family is the preferred environment for the care and upbringing of children and the responsibility for the protection of children rests primarily with the parents; (

c) if, with available support services, a family can provide a safe and nurturing environment for a child, support services should be provided; (

d) the child's views should be taken into account when decisions relating to a child are made; (

e) kinship ties and a child's attachment to the extended family should be preserved if possible; (

f) the cultural identity of aboriginal children should be preserved; (

g) decisions relating to children should be made and implemented in a timely manner. Service delivery principles 3 The following principles apply to the provision of services under this Act: (

a) families and children should be informed of the services available to them and encouraged to participate in decisions that affect them; (

b) aboriginal people should be involved in the planning and delivery of services to aboriginal families and their children; (

c) services should be planned and provided in ways that are sensitive to the needs and the cultural, racial and religious heritage of those receiving the services. … Best interests of child 4(1) Where there is a reference in this Act to the best interests of a child, all relevant factors must be considered in determining the child's best interests, including for example: (

a) the child's safety; (

b) the child's physical and emotional needs and level of development; (

c) the importance of continuity in the child's care; (

d) the quality of the relationship the child has with a parent or other person and the effect of maintaining that relationship; (

e) the child's cultural, racial, linguistic and religious heritage. On this particular point, I appreciate the context in this case must be considered in a multicultural context as mom is Metis and dad is Kurdish. (

f) the child's views; (

g) the effect on the child if there is delay in making a decision.

(2) If the child is an aboriginal child, the importance of preserving the child's cultural identity must be considered in determining the

child's best interests. To me, this particular subsection is a significant factor that needs to be considered when determining the long-term viability of A.F.R. being with her father or remaining where she is. [ 5 ] Division 5.1 of the CFCSA deals with permanent transfers of custody.

Section 54.01(5) provides statutory powers of the court and directs that: A court may make an order permanently transferring custody of a child to the person other than the child's parent referred to in subsection (1) if (

a) there is no significant likelihood that (

i) the circumstances that led to the making of the agreement under

section 8 or to the child's removal, as applicable, will improve within a reasonable time, or (ii) the parent will be able to meet the child's needs. [ 6 ] Is there a significant likelihood that the circumstances that caused the removal will improve within a reasonable time? I conclude the answer is yes. In fact, much of the circumstances have improved and other factors that existed at the time of the removal will also improve in the near future. [ 7 ] An alternative question that I consider is: Is there a significant likelihood that the parent will be, future tense, able to meet the child's needs?

This is less clear as I do not have a full and complete picture of what A.F.R.'s needs are with respect to the relationship she has with her siblings. It is possible that a removal of A.F.R. from her current environment and a placement with her father at a future point in time might not be what she needs. To be clear, it is not just a question of getting suitable housing. It is possible or even likely, that her father will never be able to fill the void created by interfering with her sibling relationships. The fact that all three children are Metis complicates things even further.

(6) Before making an order transferring custody under subsection (5), the court must consider (

a) the past conduct of the parent towards any child who is or was in the parent's care, (

b) the plan of care, and (

c) the child's best interests. …

(9) If, with respect to a child who is the subject of a temporary custody order referred to in subsection (1)(b), the court does not make an order under subsection (5), the court must make one of the following orders: (

a) that the child be returned to the custody of the parent apparently entitled to custody. With respect to this possibility, I have considered this option but I decline to make such an order. (

b) that the child remain in the temporary custody of the person other than the parent for a specified period of up to 6 months, but not beyond the period permitted under

section 45; (

c) that the child be placed in the custody of the director for a specified period of up to 6 months, but not beyond the period permitted under

section 45.

(10) If the court makes an order under subsection (9)(

a) or (b), it may order that the director supervise the child's care for a specified period of up to 6 months. Analysis [ 8 ] In my view, any access order that might be created by the court needs to take into account the child's best interest, it needs to be consistent with the plan of care and it needs to be consistent, if possible, with what A.F.R. wants even though she is under the age of 12. [ 9 ] Generally, this case has been carefully prepared by all.

I wish to compliment counsel on their professional manner in which they were able to forcefully but professionally articulate the position of their clients, all the while providing me with their legal guidance and submissions. [ 10 ] The starting point for all people involved in this trial is the best interests of A.F.R. who is a seven-year-old girl. She is safe and in a loving environment. She has the immediate care and attention and love of her grandmother. She is in the same home as her step- siblings.

She is Metis and the home is supporting this cultural identity as her current caregiver and grandmother is Metis as well. She also has a father and a mother who love her. Her father is on his healing path. A.F.R. is healthy and doing well in school and, by all accounts, is smart, active and a loving child. [ 11 ] While her mother loves her, she is not able to care for her. Visits with her mother have been described as sporadic.

We all hope if her mother is able to get help for her addictions that A.F.R. will be able to develop a stronger relationship with her mother. [ 12 ] A.F.R. has been in care for nearly two years. This is a long time for anyone but particularly a long time for a seven-year-old child.

[ 13 ] Her father's journey towards healing has been long but the road to recovery often is. The actual fact is that he has been clean for less than six months. The Dilemma [ 14 ] On the one hand, we all know that A.F.R. will thrive where she is now. I am concerned that a shift from her stable environment now, or even at a later point, may have unintended consequences. She may grow farther apart from her siblings. She may not have the direct benefit of her grandmother's presence. Without a careful, professionally-developed plan, she may not be able to reattach to her father.

If her father has a setback and starts using drugs again, A.F.R. could end up back at square one. This could cause further emotional harm. [ 15 ] I understand the argument of “Why risk it?” or “Why change what is working so well?” or “Didn’t father already have a chance? Isn't this too little too late?” [ 16 ] It is true that we have too many kids in care, especially Indigenous children. A.F.R., her grandmother, and mother are identified as Metis. On this topic, 63 percent of kids in care in British Columbia are of some Indigenous descent.

These numbers are astonishingly high but not the highest in our country. [ 17 ] I have first-hand knowledge of what it is like to be Indigenous and in care of the Ministry in British Columbia. I mention this to let the family know that these decisions are not made in some sort of artificial vacuum, devoid of any understanding of the realities of families. My family, like this family, had a grandmother who raised her grandchildren, siblings who sometimes lived together and sometimes did not and mothers and fathers with severe addictions issues and periods of incarceration.

The Alternative to Grandmother - Evidence of Mr. A.R. [ 18 ] A.F.R. is fortunate. Not all children have the love and support of their grandmother and a mother or father that desire to provide love and support as well. [ 19 ] As mentioned above, the Act is clear that the preferred environment is the family environment. Parents are expected to be there for their children. [ 20 ] A brief

summary of Mr. A.R.'s evidence is useful. Of course, his views need to be balanced with those of the social worker's which, in my view, was supportive, fair and provided solely to help the court understand how the best interests of this child can be met by the court. A.R. [ 21 ] He comes from a complicated background. He was born in Iran. He is now 34 years old and his journey from Iran to Canada has been a long and treacherous one. He and his family fled Iran, travelled through Turkey and after spending approximately four years in Turkey, were welcomed to Canada and landed in Winnipeg in approximately 1988.

As time went on, his family relocated to Vancouver in 1993. [ 22 ] He has family members in the Lower Mainland. His mother lives in North Vancouver. He has a sister living in Port Moody and he has a younger brother, age 24, who lives in North Vancouver. [ 23 ] He comes from a rich culture of a Kurdish background. [ 24 ] He was able to update the court on some of the things that he is doing now. From Monday to Thursday, between the hours of 9:00 to 2:00 p.m., he is in a parenting class. He works part-time at a café and has been on social assistance for some time.

Although he's been on social assistance for a few years, he indicated to the court that he has been working since the age of 15. It was only when he succumbed to his addictions that he was having a difficult time maintaining consistent employment. [ 25 ] He described how he and Ms. A.D., A.F.R.'s mother, met. They have known each other a long time. They have been together for approximately 18 years but they have been living together for approximately eight-and-a-half years. It appears to be consistent throughout the evidence that Mr. A.R. and Ms. A.D. were together prior to the birth of A.F.R.

At some point in time, at least one or both K.R. and E.R. were living with them. [ 26 ] Mr. A.R. was able to provide the court with some information that when A.F.R. was born, he had to become a basic caregiver and played a primary role in taking care of A.F.R. and K.R. He described how he was the one who got them to brush their teeth, do their homework and he took them to daycare and to school. The court was told that Ms. A.D. was suffering from what Mr. A.R. described as “postpartum.” I take it that Ms. A.D. was suffering from a little bit of depression. [ 27 ] Mr.

A.R., confirmed that he understood what the Director's concerns were. This is an important point. Recognizing that there are issues that need to be resolved is part of the journey to resolving some of those issues. If there is no recognition of the issues, then those issues cannot be addressed. [ 28 ] He provided insight into what has been referred to as “Mr. A.R. was having some suicidal thoughts.” He was able to provide a context to the comments that he made to the police.

He told the court "I was heartbroken but it wasn't something literal," referring to the idea that he did not want to live. [ 29 ] It is often the case that people taking non-prescribed drugs can have health problems from those drugs. Sometimes those drugs affect mental health. Mr. A.R. testified that he is now taking medication for depression and has been for approximately four months. He told the court that now he is feeling “great, driven and happy.”

[ 30 ] He also acknowledged that the relationship he had with Ms. A.D. was, at points, tumultuous. He agreed that he accepted responsibility for an assault. He has openly admitted that he spat on her and grabbed her. He acknowledged that what he did was wrong. [ 31 ] While he comes before the court with a limited record, which I understand consists solely of this assault conviction and a trafficking in drugs charge, it is not lost on me that throughout the reports, it appears that there are least allegations of domestic violence taking place in front of the children.

Although the March 2017 incident did not take place in front of any of the children. [ 32 ] In an attempt to update the court as to what he has been doing to deal with the domestic assault and violence issues, he says that he has completed the first part of the Respectful Relations programming. That program is approximately 16 weeks. He has commenced the violence prevention part of that program which is

Part 2. He described how he has taken an anger management course. He is journalling, utilizing breathing skills as a mechanism to control his emotions, and he relies on his support network. [ 33 ] He openly admitted a point that both he and Ms. A.D. were drug addicts in 2016 and they were not able to properly care for any of the children that were in their home. Today, Mr. A.R., no doubt, has a much greater understanding of his drug use as he testified in court than he did perhaps even two years ago. [ 34 ] He openly admitted that, generationally speaking, drugs has been an issue in his home.

He described how there had been an escalation from alcohol to mushrooms, to crystal meth, to an addiction to Oxycontins back in 2015, up to and including a further addiction to heroin. But he also described how he is now. He completed a 42-day program at MRTC. He considered other recovery home options. He has been clean for approximately four months. He has transitioned from methadone to Suboxone and has a plan that he has discussed with his doctor to get off of Suboxone as time goes on.

He is realistic in his approach to his addiction and understands and recognizes that there is no actual checklist for a person to go through this process of recovery. For everyone it is different. He tells the court that he knows his mind and body. [ 35 ] With respect to parenting, I was pleased to hear that Metis Family Services was able to help Mr. A.R. understand the importance of developing his skills with respect to Metis traditions. I was pleased to hear Mr.

A.R. proudly state to the court that he has been participating in workshops where he has made medicine bags, been doing some drumming and singing and that he has the intention of taking A.F.R., in time, to pow wows and having her involved with traditional foods. I was impressed when Mr. A.R. said that “it is important to know where you are from and understanding your heritage is important.” Metis culture is being learned.

I am hopeful that father and daughter will be able to participate in some of these cultural activities together, whether A.F.R. is with father or whether A.F.R. is with grandmother. [ 36 ] I found Mr. A.R. to be fairly self-aware and self-reflective. There was an incident in a visit where A.F.R. explained to either a social worker or her grandmother that she “felt weird” after a visit.

This is a red flag when we are trying to make sure that our children are not being harmed because we do not know what the child is saying by "I felt weird" or "he was acting weird." To be clear, there is no indication of any sexual impropriety. I thought the answer that Mr. A.R. provided to the court was very insightful. He explained that he thought about his actions, tried to figure out where this would come from and he said, "I wasn't sure what I did. Maybe I was over-loving and too affectionate, hugging and kissing." It could have been that simple.

It might have nothing to do with young A.F.R. overhearing any conversations that might or might not have taken place between you and Grandmother. [ 37 ] One way or the other, it does not really matter to me where this feeling comes from. It is a feeling that needs to be validated. Although I am not certain that eliminating visits and reducing calls and contact with father is necessarily the proper reaction, I am not in the social worker's shoes and it is not my decision to make. [ 38 ] With respect to counselling, Mr.

A.R. indicated that he thought mutual counselling or father/daughter counselling would be a good idea. I want to be clear on this point. What counselling A.F.R. takes is between A.F.R., the Director and her own counsellor. These things can be discussed with a seven-year-old. It is not about whether you, Mr. A.R., require healing with your daughter. It is about whether A.F.R. requires counselling in order to help her deal with her relationships with the people around her. [ 39 ] There is an unresolved issue to do with housing. Currently, Mr. A.R. does not have appropriate housing.

In time, that might change. [ 40 ] I was happy to hear as well Mr. A.R.'s view with respect to maintaining relationships between A.F.R. and others. I thought it was very telling that Mr. A.R. said, "I plan to move to Langley so she can stay in the same school, keep in touch with her family so she doesn't have to make new friends." It is his view that he needs to keep the kids together as much as possible. He balanced this with saying, "I am her father and I feel that I should be able to raise her now that I am clean." This is his main argument. For Mr.

A.R.'s benefit, I do not think it is that simple or clear but I can understand why you would say it. [ 41 ] There is a plan. The plan is that he will complete his parenting course, complete his violence prevention program, find a home in Langley, get ticketed in a trades program. There is an acknowledgement by all, including Mr. A.R., that it has been a long time. [ 42 ] There is an acknowledgement by Mr. A.R. that maybe N. (or S.A.) does not like him for good reason and I think Mr. A.R. described it in this way.

"If A.F.R. grew up and had a boyfriend like me when I was using drugs, I wouldn't like that either, but people change.” Those are Mr. A.R.'s words. I appreciate, Mr. A.R., that you have missed so much already and I appreciate that you accept responsibility by saying, "It is my fault." [ 43 ] I find that your behaviour is not minimizing or emotionally deflective and I think with that concept in mind, in time, you will probably mend the relationship that you have with your daughter to a level where you will be able to be spending time with each other.

What were his circumstances at the time of the removal? [ 44 ] I find there was a need for protection when the children were removed. Neither parent could take care of the children in their home. I also find that there are protection concerns for the mother who is still fighting with her addiction to drugs and drugs was one of

the main issues at the time of the removal. [ 45 ] In August 2017, there was an intervention by police over some words spoken by Mr. A.R. which raised issues of suicidal ideation. I have already addressed this point. Violence [ 46 ] Throughout the relationship there have been concerns about domestic violence, and specifically arising from an incident in March 2017. What has been done since? [ 47 ] He has gone through treatment. He has attended meetings. He has sought the assistance of professionals such as social workers, counsellors, sponsors and doctors.

He is on prescription medications that assist with his cravings and has a plan to get off Suboxone. His positive movement away from the drugs has taken a long time. Often mental health drugs and mental health issues cannot be separated. We know that when a person stops using drugs, that greatly increases the chances that their mental health will improve. The added luxury of having a doctor and the ability for that doctor to prescribe medications increases the chances of being mentally healthy as well. [ 48 ] I accept, Mr.

A.R., that he is not actually suicidal and that there is no actual underlying diagnosed mental health issue. What does the future timeline look like? [ 49 ] He has started a parenting program. He expects that will finish in the spring. He has begun part two of the Violence Prevention Program. He expects that will finish in March. He has been clean for a number of months and hopes to be off Suboxone in June but is realistic when he says the timeline needs to be carefully thought through. He has a sense of awareness that it will take time to build his relationship with everyone, including his daughter.

He has hopes of obtaining Langley accommodation near where A.F.R. lives in hopes not to interfere with her schooling, and in doing so, there will be a greater chance to have A.F.R. maintain the ties with her grandmother and siblings. What are some of the concerns that I have now? Sincerity, Credibility and Reliability [ 50 ] I believe Mr. A.R. wants to do well. I believe he wants to care for his daughter. I am concerned that there may be a pattern of dishonesty that can be seen in the evidence. [ 51 ] At one point, he told the social worker that he was in MRTC but he was not.

Although it appears approximately a month later he did actually do what he said and attended the intake and completed the program. Mr. A.R. is to be congratulated for attending that program. [ 52 ] For some reason, at some point in time, he told the social worker he had a funeral but could make a meeting and then did not make the meeting. In court, he accepted responsibility for this discrepancy for his words and actions but the communication could be clearer. In fairness, he did provide an explanation as to why it took place and testified that he has taken steps in order to make sure it does not happen again.

For example, he has the phone numbers in case something comes up. I am not sure this was the intention of the witnesses, but that act of communicating and then miscommunicating and changing your mind with the social worker, to me, made it look like he was intentionally trying to mislead somebody. Time [ 53 ] I am concerned that A.F.R. has been in a holding pattern for too long. It has been over two years and an extension just leaves her in limbo longer.

While, on the one hand, it is important to be sensitive to the idea that a person addicted to drugs needs time to break that addiction, children also have the right to know they will not be waiting around forever for their parents to heal and get better. [ 54 ] I am concerned that if a permanent transfer takes place at this stage, we have a seven-year-old that says she does not want to see her father, the Ministry will be largely out of the picture and Ms. B. does not have the best relationship with Mr. A.R.

This constellation of factors creates an environment that may be more conducive to dad not having access with his daughter. Once more, to echo Mr. A.R.'s words, he accepts full responsibility. As he said, “if his daughter was grown up and dating someone like him when he was using drugs, he would not like that person either.” In other words, he understands why his own family and Ms. B. might have some trust issues about his abilities. I thought this was an important insight.

Many addicts do not fully accept responsibility that it is probably their own addictions that have created the conflict in the relationship with the people around them. Conclusion Is it realistic to postpone things for another five months? Does it not simply make sense to keep the siblings together? [ 55 ] In my view, there is not enough information available today. There has been no time to heal the relationship between father and daughter and thus, no actual choice or alternative available to consider.

Normally this would probably be the starting point of my analysis, “keeping continuity of care and keeping brothers and sisters together.” At the beginning of this case, I considered whether it even makes sense to try and separate the children that so obviously will find support with each other. In most cases, imagining a grandma and ex-addict father working on a plan that helps keep the ties between the siblings strong would be difficult, but this case is a bit unique. Not that long ago, grandma had one child and the other two were living with Mr. A.R. and Ms. A.D.

It seems clear that everybody was able to work together to help the kids maintain their ties with each other at that stage in life.

[ 56 ] I am not saying that this is the end result or even a realistic possibility. To put it in fairer terms, I think there is a slight and faint hope that A.F.R. might be able to be raised by her father. I do not want to get Mr. A.R.'s hopes up. This is not a question of if he does certain things there will be a certain end result. We are past that stage. He has had time and for many complicated and intertwining reasons, that time has not changed the circumstances to a point that allows A.F.R. to be with him.

In fact, I would think, no matter what he does, at this stage, continuity of care, ties to siblings and some of the other factors heavily weigh in favour of A.F.R. staying where she is. [ 57 ] I am going to read that line for you again, Mr. A.R. In fact, I would think, no matter what he does, at this stage, continuity of care, ties to siblings and some of the other factors heavily weigh in favour of A.F.R. staying where she is . But you are her father and you are entitled to try. You have flittered away some of your time but you have another five months.

In the very least, I hope steps are taken to develop the relationship between the two of you by increasing access, perhaps taking counselling together, if that is something that her current counsellor thinks she is ready for. Again, it is not about you. Your daughter is more important. We know you want to do some counselling together but this is not your decision to make. Increasing the contact and improving relations between you and Ms. B. is essential. In the long run, whether A.F.R. remains with Ms. B. or with you, these relations need to become stronger.

To deprive A.F.R. of either supporting, loving, caring relation would be a tragedy and the consequences could be many. [ 58 ] In the very least, another step that I hope is taken is that you will prove to the Director, yourself, your family and your daughter that you are clean and can be trusted again to be a caring and loving family member. In time, I hope you will be able to prove to everyone that you can continue your momentum towards a clean and sober life. If you are to gain the trust of anyone, you must remember that you are only a few months into your recovery. There will be setbacks.

There will be stumbles. It is not just a matter or question whether you stumble but what you do when this happens. Will you be honest? Will you reach out? Will you maintain your responsibilities to your family? [ 59 ] The temporary custody order is extended for a period of five months from yesterday's date. [ 60 ] Access will be at the discretion of the Director. [ 61 ] It is my hope that there will be an effort to have some brief supervised telephone conversations.

I appreciate that a seven-year- old, no matter whether an old soul or not, might have a reluctance to speak to someone who is essentially estranged from her. We can only make best efforts and these efforts need to be sensitive to A.F.R. [ 62 ] I hope there is a possibility of moving from a

schedule of supervised calls to some supervised visits in fairly quickly order. [ 63 ] After a number of supervised visits, more information will be available and in a perfect world there might be some unsupervised visits. The structure of the unsupervised visits are at the discretion of the Director at this point but it is my hope that in about three months' time, you might have short, unsupervised visits, perhaps once a week for an hour for the first, two hours for the second, three hours for the third, to a maximum of four hours.

It may be that during any particular visit, the visit might be cut short due to A.F.R.'s moods or wishes, which we all would be receptive to but not driven by. [ 64 ] Mr. A.R., in this journey to mend your relationship with your daughter, it is not my intention to mislead you into thinking that if you do certain things, such as get a house in Langley, that you will necessarily have A.F.R. move in with you. [ 65 ] There are many factors that favour permanent placement. Most notably, she is with her brother and sister. She has been with them all her life and she is thriving.

It is not about you, it is about A.F.R., and perhaps in time you will come to the conclusion that A.F.R. is best left to thrive in her current home with you close by and able to support her. [ 66 ] Keep an open mind to a co-parenting style relationship, so as time goes by, maybe A.F.R. will be spending some weekend time with you, sometime over the summer holidays or Christmas holidays or spring break, where you can have quality father/daughter time together. Right now, this may be hard to imagine but there are many parents that do exactly that.

In this case, you simply would be accomplishing her happiness through working with a grandparent rather than a co-parent. [ 67 ] Equally, I would invite Director's counsel and Mr. Prkacin to read a case from 2017 where I was asked to consider relocation of two children from grandmother to father.

We say daily that no two cases are similar and certainly there are big differences between P.G.W. , I have the case here for you, and the case that we are dealing with today but, in my view, both grandmother, father and most importantly A.F.R., need to understand that everyone is working very hard to make sure she is always loved, cared for and will always be safe. [ 68 ] I will seize myself of all applications heard between now and five months from yesterday, that is until June 15th, 2019.

After that, any applications, for example, to have A.F.R. permanently transferred to her grandmother, would need to be started in a de novo hearing in front of another judge. [ 69 ] If I were to hear another application for a permanent transfer, I believe having an expert report from a child psychologist helping me understand the views of A.F.R. but also the harm that might be caused separating A.F.R. from her siblings would be helpful. I appreciate A.F.R. is seven but she is described as being mature for her age.

I also appreciate her view right now might be somewhat limited to her current family context and relationship with her father and that as her relationship with her father becomes stronger, so will her sense of herself in relation to her own views. [ 70 ] That concludes these reasons. (REASONS FOR JUDGMENT CONCLUDED)