The alleged victims in the criminal case were of a similar age and gender to his daughters
The Ontario Court of Justice has ruled that three children will remain in their mother's care under supervision, while their father, facing multiple sexual assault charges, will have limited supervised access.
Linck Child, Youth and Family Supports filed a child protection application after authorities charged the father with multiple counts of sexual assault, sexual interference, and invitation to sexual touching involving two unrelated young girls. The alleged incidents took place in the family home. Authorities later laid additional charges involving another young female victim. Following the initial charges, Linck sought to have the three children, aged four, seven, and ten, remain in their mother's care under supervision, and the court imposed an interim order preventing the father from having unsupervised access.
At the temporary care and custody hearing, the court reviewed various affidavits and legal arguments concerning the admissibility of evidence. The court accepted statements from the child complainants to police and child protection workers but excluded hearsay evidence from their mother. The court emphasized the importance of relying on credible and trustworthy evidence, particularly from professionals such as police officers and child protection workers who are required to keep accurate records.
The Ontario Court of Justice found that the father posed a significant risk to his children, given the nature of the allegations. The court noted that the alleged victims in the criminal case were of a similar age and gender to his daughters. Additionally, police discovered concerning items in the home, including altered children's clothing, raising further concerns about child safety. The mother supported the father's request for joint care, but the court questioned her ability to act protectively, citing her ongoing support for him despite the serious allegations. The judge also raised concerns about her financial and emotional independence and her ability to supervise him effectively.
The court ordered that the children remain under supervision in their mother's care, with authorities conducting scheduled and unannounced visits. When requested, the mother must grant independent access to the children and ensure they receive necessary medical, emotional, developmental, and educational support. The court also prohibited her from allowing the father unsupervised contact with them. The court also ordered the father to have supervised access for up to four hours daily, with times and supervisors to be approved.
