Can You Be Told to Leave Your Home or Have a Partner Leave During a CAS Investigation in Ontario?
Whether a partner or relative has to move out depends on your situation, and it is worth confirming with a lawyer how any request applies to you. When a child stays home or is placed under supervision, temporary orders and supervision orders can impose reasonable terms and conditions on the parent, the caregiver, the child and others.
A court can also make a restraining order that bars a person from contact with the child or with the person who has lawful custody, but the named person must be personally served first. Breaching one is an offence punishable by a fine of up to $5,000, up to one year in jail, or both. A society cannot return a child in its care to the restrained person.
Before choosing an order, the court must ask what efforts the society or others have made to assist the child, and it cannot remove a child from the person who had charge of them unless less disruptive alternatives would be inadequate to protect the child. Whether you must agree to a particular condition depends on whether it sits in an agreement or a court order, so get legal advice before you sign or refuse.
Key takeaways
- Temporary orders and supervision orders can impose reasonable terms and conditions on the parent, the caregiver, the child and others.
- A court can make a restraining order barring a person from contact with the child or with the person who has lawful custody, and that person must be personally served first.
- Breaching a restraining order is an offence punishable by a fine of up to $5,000, up to one year in jail, or both.
- The court cannot remove a child from the person who had charge of them unless less disruptive alternatives would be inadequate to protect the child.