What happens to decision-making responsibility if a child becomes a Crown ward?
When a child becomes a Crown ward, the Crown - acting through a children's aid society - generally takes on guardianship of the child, which typically replaces the parents' authority to make decisions for the child while the wardship remains in place. This is a significant, and often longer-term, outcome that a child protection court orders only after finding a child is in need of protection and that less intrusive options wouldn't adequately protect them.
This is different from "decision-making responsibility" as that term is used in a family law dispute between parents under the Divorce Act or the Children's Law Reform Act - a Crown wardship isn't a family court awarding one parent authority over the other; it's a child protection court removing that authority from the parents generally and placing it with the Crown. If the parents also have an existing or ongoing family court case, a Crown wardship order is a major development that effectively overtakes the practical question of decision-making, since neither parent holds that authority while the wardship continues. Parents facing a Crown wardship application should get legal representation as early in the process as possible, since it's one of the most serious outcomes in child protection law.
Key takeaways
- Crown wardship generally transfers guardianship and decision-making authority away from the parents to the Crown.
- This is a child protection court outcome, separate from a family court's decision-making responsibility order.
- A Crown wardship order effectively overtakes decision-making questions in a parallel family court case.
- Get legal representation as early as possible if facing a Crown wardship application.