TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Family/Can a parent get their child…
Family

Can a parent get their child back after a temporary care and custody agreement expires?

TSL Written by the Treadstone Law team· Updated August 2026

Generally, yes. A temporary care and custody agreement is meant to be time-limited by law, and once it lapses without being renewed or replaced by a court order, the society has no ongoing legal authority under that agreement to keep your child from returning to your care. If the society still believes the child needs protection at that point, it's expected to apply to the child protection court before the agreement ends, rather than simply holding onto the child informally or refusing to hand them back.

Before the end date arrives, confirm in writing what happens next: is the child being returned, is the society proposing a renewal, or is it planning to start a court application? If the society tries to keep the child past the agreement's end without your consent and without a court order, that's a problem worth raising with a lawyer immediately - the society's authority under the agreement doesn't continue on its own past the term you agreed to. If you already have a separate family court parenting case, tell the other parent's counsel and your own lawyer about the return, since it can affect scheduling and any interim arrangements.

Key takeaways

  • A temporary care and custody agreement is time-limited; it doesn't authorize open-ended care once it lapses.
  • If the society wants the child to stay in care after the agreement ends, it must go to court.
  • Get the end date and next steps in writing before the agreement expires.
  • Tell your family law lawyer immediately if the child isn't returned as agreed.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →