How does a Children's Aid Society investigation affect parenting time in Ontario?
A Children's Aid Society (CAS) investigation can significantly affect parenting time, at least temporarily. If CAS receives a report of concern about a child's safety, it must investigate. During or after the investigation, CAS may put a "safety plan" in place that requires supervised visits, restricts where the child can go, or temporarily limits a parent's contact.
CAS operates independently from the family court system but can become a participant in family court proceedings. If CAS finds the child to be in need of protection, it can bring its own court application under the Child, Youth and Family Services Act. The outcomes range from orders for services to be provided to the family, to a supervision order (the child stays home but CAS monitors), to a temporary care order.
A CAS finding of abuse or neglect — or even a risk finding — can be used as evidence in a family court parenting proceeding. Conversely, family court orders do not override CAS's statutory duty to protect children.
If CAS becomes involved in your family situation, you should contact a family lawyer promptly. The two court systems interact, and decisions made in one can affect outcomes in the other.
Key takeaways
- A CAS investigation can temporarily restrict or supervise parenting time.
- CAS operates independently from family court but the two systems interact.
- CAS can bring its own protection proceedings under separate Ontario legislation.
- Get legal advice promptly if CAS is involved — it affects both protection and family court matters.