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Family

What happens if a temporary care and custody agreement isn't renewed and the society won't agree to return the child?

TSL Written by the Treadstone Law team· Updated August 2026

If a temporary care and custody agreement isn't renewed and reaches its end, the society's authority to keep the child in its care under that agreement ends with it - the society doesn't get to simply continue holding the child informally because it disagrees with returning them. If the society still believes the child needs protection at that point, its proper route is to apply to the child protection court for its own order, rather than refusing to return the child without a court's involvement.

If you're in this situation, put your request for the child's return in writing, and ask the society directly and promptly what its position is and whether it intends to bring a court application. If the society refuses to return the child and hasn't started a court process, that's a serious issue worth raising with a lawyer immediately, since it goes to whether the society is acting within its actual legal authority. Where the society does bring an application, you'll have the opportunity to respond to it in court, with legal representation, rather than the decision being made outside the court process.

Key takeaways

  • The society's authority under a temporary care and custody agreement ends when the agreement lapses.
  • If the society still has concerns, it must apply to court rather than simply keeping the child.
  • Put your request for the child's return in writing and ask about the society's next steps.
  • Get legal advice immediately if the society refuses to return the child without a court process.
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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