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Family

Can extended family apply to keep a child out of society care through a kinship or customary care arrangement?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. Where a children's aid society is considering removing a child or is already involved, extended family - grandparents, aunts, uncles, or others with a real relationship to the child - can come forward and ask to have the child placed with them instead of in the society's own care, often called a kinship or customary care arrangement. Societies are generally expected to consider a suitable family placement before an unrelated one, since keeping a child within their existing family and community connections is usually seen as better for the child where it can be done safely.

This isn't a separate application to a family court in the way a parenting case is - it's typically arranged directly with the society, sometimes formalized through its own agreement, though it can also come up within a child protection court proceeding if the matter goes that far. A family member interested in this route should contact the society directly and early, ask what's required to be assessed as a placement, and get legal advice about their own rights and any conditions attached to the arrangement, since kinship care can come with its own terms about supervision, reporting, or duration.

Key takeaways

  • Extended family can ask a society to consider a kinship or customary care placement instead of society care.
  • Societies generally look at suitable family placements before unrelated ones where it's safe to do so.
  • This is usually arranged directly with the society, though it can also arise in a protection court proceeding.
  • Get legal advice about the terms and conditions attached to any kinship care arrangement.
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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