In this section you will be able to find information for parents and caregivers. It is to help you to understand what the court process is when you are involved in a child protection case.
This information in this document is not legal advice.
It is for information only. Consult a lawyer as soon as you are served with an Application by the Children’s Aid Society or if your children have been taken to a place of safety by the Children’s Aid Society.
Before going to court
Child protection case:
step-by-step
Scheduling of
family law matters
Child protection cases are heard at the Ontario Court of Justice and the Superior Court of Justice, Family Court. There is specific legislation and Family Law Rules for child protection cases. You may find the legislation in Child, Youth and Family Services Act. Part V of the Child, Youth and Family Services Act is about child protection matters. The Family Law Rule that governs child protection cases is rule 33 of the Family Law Rules. However, there are many different Family Law Rules that you must also follow in your child protection case.
There are different reasons why a Children’s Aid Society becomes involved with your child. A child is in need of protection if, for example, your child has suffered physical, emotional or sexual harm or is at risk of suffering physical, emotional or sexual harm due to a parent or caregiver’s neglect and/or failure to adequately care for, provide for, supervise or protect a child.
It is important that you are aware that judges must make decisions about your child in a specified period of time. You need to act immediately when you are served an application by the Children’s Aid Society. It is very important that you obtain a lawyer to assist you.
The Community Legal Education Ontario (CLEO) organization is a community legal clinic and part of Ontario’s legal aid system. CLEO has prepared Children's aid: Information for parents involved in child protection cases.
Useful resourcesFirst Nations, Métis and Inuit children, their families, and their communities have certain rights under the Children, Youth and Family Services Act. You should tell the Children’s Aid Society that you and your child identify or are a member of a First Nations, Métis or Inuit community.
The judge who is hearing your case also needs to determine if your child is a First Nations, Métis or Inuit child before deciding if your child is in need of protection. If your child is First Nations, Métis or Inuit, there are judicial decisions and services that recognize the importance of your child’s culture, heritage and connection to their community.
After finding a child is in need of protection, the judge must make an order to protect the child. The order can be a supervision order, interim society care order, extended society care order, a custody order or the child should be returned to the child’s parent or caregiver. If the judge decides that a First Nations, Métis and Inuit child should be in interim or extended society care, unless there is a substantial reason to place the child somewhere else, your child should be placed with a member of your child’s extended family. If this is not possible, your child must be placed with a member of a First Nations, Métis or Inuit family.
The Community Legal Education Ontario (CLEO) organization has additional information about First Nations, Metis and Inuit children in a child protection case.