How Soon Must CAS Go to Court After Removing a Child in Ontario?
Within five days after a child is brought to a place of safety, the matter must be brought before a court, the child must be returned, or an agreement such as a temporary care agreement must be made. Which of those happens depends on the facts of your case.
Adjournments are limited to 30 days unless the parties consent. The court can place a child with another person or the society during one only if there are reasonable grounds to believe the child is at risk of harm and cannot be protected by returning the child to the previous caregiver, with or without supervision. Before placing a child in society care, the court must consider placing the child with a relative, neighbour, or other member of the child's community or extended family, under supervision and with that person's consent.
A temporary care agreement can be ended by any party by written notice. It ends five days after the other parties actually receive the notice, or up to 21 days if the agreement sets a longer period. A parent should get legal advice before signing a Statement of Agreed Facts (Form 33C).
Key takeaways
- Within five days after a child is brought to a place of safety, the matter must go to court, the child must be returned, or an agreement must be made.
- Adjournments are limited to 30 days unless the parties consent.
- During an adjournment, the court can place a child with another person or with the society only if there are reasonable grounds to believe the child is at risk of harm and cannot be protected by returning the child to the previous caregiver, with or without supervision.
- Any party can end a temporary care agreement by written notice, which takes effect five days after the other parties actually receive it, or up to 21 days if the agreement sets a longer period.