The Court of Appeal holds late today that this is "the rare case where the
juvenile court erred in failing to recognize that Mother’s relationship with her children
outweighed the benefit to the children that would accrue from termination of parental
rights and a plan of adoption." So it gives the kids back to the Mother.
Read the opinion. Mother's got a lot of things going for her. She's apparently working hard.
But there are several things against her as well. Those are in the opinion as well.
Justice Siggins may be right that the children will be better off with Mother than with their godparents. But he also may well be wrong.
It's difficult to square this opinion with the "substantial evidence" standard on appeal. The trial court saw the witnesses. A cold record is a pale substitute, especially in these types of cases.
I hope that Justice Siggins is right. I hope we never see this family back in court. I hope the kids don't end up being taken away (yet again) from Mother.
But I'm not supremely confident that's how things will in fact play out.
Here's hoping for a good result.
