Can a Relative Be Added as a Party in an Ontario Child Protection Case?

Whether a relative can be added as a party depends on the court and the facts, and a lawyer can confirm the steps for asking. What the law does give you are routes to be heard. Before placing a child in society care, the court must consider placing the child with a relative, neighbour or community member, under supervision and with that person's consent.

A relative can also ask for custody. Instead of a s. 101 order, the court can grant custody of the child to one or more persons other than a foster parent, with their consent. A relative may also apply for access, since when a child is in society care or under supervision, any other person, including a sibling, can apply. Anyone other than the society asking to change access must generally wait six months after the relevant order, decision or appeal result.

A custody order ends the child protection case, and any later change must be sought under different legislation. A non-parent such as a grandparent can also apply for a parenting order on decision-making responsibility, with a sworn affidavit setting out the proposed plan for the child's care.