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Family

How long can a temporary care and custody agreement last before a society must go to court?

TSL Written by the Treadstone Law team· Updated August 2026

A temporary care and custody agreement is meant to be short-term by design - it's a voluntary alternative to going to court, not a substitute for one indefinitely. Ontario's child protection law limits how long these agreements can run and how many times they can be renewed before the society is expected to bring the matter before the child protection court instead of continuing informally. Because the exact time limits can depend on the child's age and other statutory details, don't rely on a specific number of months without confirming it for your situation - what matters practically is that the agreement has a real end point, not an open-ended one.

If you've signed one of these agreements, ask the society directly, in writing, what the agreement's term is, whether it's being renewed, and what happens if it isn't. If a society appears to be treating an agreement as ongoing well past what you understood its term to be, or is delaying a decision about renewal or a return, that's worth raising with a lawyer promptly, since the society's authority to keep a child in care under a voluntary agreement is not indefinite.

Key takeaways

  • A temporary care and custody agreement is time-limited and cannot continue indefinitely by law.
  • There are statutory limits on renewals before a society must go to the child protection court instead.
  • Confirm the specific term and renewal terms for your situation rather than assuming a fixed number.
  • Get legal advice if a society appears to be extending a placement past its agreed or renewed term.
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.
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