Can You Get Custody of a Relative's Child After CAS Placement in Ontario?

Possibly. Instead of an order under section 101, the court can grant custody of the child to one or more people other than a foster parent, with their consent. A custody order under section 102 ends the child protection case, and any later request to change it must be made under different legislation.

The order, and any access order made with it, is deemed to be a parenting order or contact order under section 28 of the Children's Law Reform Act. A non-parent such as a grandparent can also apply for a parenting order on decision-making responsibility under that Act. A custody order cannot be granted to a foster parent, or made if a Divorce Act decision-making order exists or if it would conflict with a superior court order.

On a status review, the court can vary or end the original order, make a new section 101 order, or make a section 102 custody order. Once a section 102 order is in place, a person with decision-making responsibility or parenting time must give at least 60 days' notice of a relocation, though the court can waive this, including for a risk of family violence. Whether it fits depends on the facts, so a lawyer can confirm.