Access Visits for Parents of Children in CAS Care in Ontario

When your child is in the care of a Children's Aid Society, time together is often the most important thing in your life. It can be confusing to know who decides how often you see your child and what you can do if you want more.

This article explains how access fits into the court process and what steps parents commonly consider. Practical details such as supervision, cancellations and moving to unsupervised visits depend on your order and your Society, so a lawyer can advise on your facts.

Who decides access

If the child was taken to a place of safety, the CAS must go to court within five days after starting its court case, and the judge makes a temporary order about who cares for the child at that first date.

With an interim society care order, which usually lasts three to twelve months, the judge decides who has care and custody and the parent's access. The Act ties access to the child's best interests, and the finer practical terms are often worked out with the Society, so read your order closely.

How the court process affects visits

A temporary care and custody hearing happens only if the parent disputes the CAS's claims, with evidence by Form 14A affidavit. Conferences and motions follow, then trial if the matter is not resolved. Access can come up at several of these stages.

If you want to oppose the Society, you must serve and file an Answer and Plan of Care within thirty days after receiving the CAS application. Keep that deadline in mind alongside any talks about visits.

Showing up and following the rules

Missing a hearing can hurt your position, because a missed hearing may proceed without the parent. Adjournments are allowed only in exceptional circumstances and where in the child's best interests, by Form 14B motion, and parties cannot agree to change a date without the judge's approval.

Child protection hearings are closed to the public, and parents may not share child protection documents or post about the case online.

• Keep a simple calendar of every visit offered, attended, cancelled or missed.
• Note who cancelled and the reason given.
• Keep copies of messages with the worker about scheduling.
• Bring questions about your order to your lawyer or duty counsel.

Asking for more access

There is no single script. Many parents start by asking the worker in writing for more time or a change in setting, and explain why it serves the child. If that does not work, a lawyer can tell you whether to bring a motion or raise it at a conference, since those steps are part of the court process.

Societies must visit children in out-of-home care more often starting January 1, 2025. That is about the Society's visits to the child, not about your access, but it can help you understand that the child's situation is monitored more closely.

What to do next

Get advice early. For the first court date, the court suggests speaking with Legal Aid Ontario's advice and duty counsel at the courthouse. Participants in the province's 2023 review asked for clearer information before signing agreements and for the same legal-counsel access as in court proceedings, so ask questions before you sign anything.

• Find the date you received the CAS application and work out your thirty-day deadline.
• Read your current order and note what it says about access.
• Keep a visit log and copies of messages.
• Attend every court date, and ask for a Form 14B motion only with legal advice.
• Talk to duty counsel or a lawyer before agreeing to a new plan.

Frequently asked questions