What Happens After CAS Files a Protection Application in Ontario

Being served with a children's aid society (CAS) application is frightening, and the papers move quickly. Knowing the order of events, and which deadlines are short, can help you act before they pass.

This article walks through what generally happens after a CAS files a protection application in the Ontario Court of Justice: the first appearance, your response, the hearings that follow and the rules about privacy and adjournments. It is general information, and a lawyer can tell you how it applies to your case.

The application and the first court date

A CAS starts a child protection court case by serving and filing a Form 8B Application (Child Protection). This is the document that sets out what the society is asking the court to do. Read it carefully, from start to finish, and note the date you received it, because your own deadline runs from that date.

If the child was taken to a place of safety, the CAS must go to court within five days after starting its court case. At that first court date, the judge makes a temporary order about who cares for the child. Because this comes so soon, you may have very little time to prepare.

For that first date, a parent who wants to oppose the society should talk to Legal Aid Ontario's advice and duty counsel at the courthouse. Go early on the day, bring the papers you were served with, and ask what is being requested.

Your response: the Answer and Plan of Care

A parent who wants to oppose any claim must serve and file an Answer and Plan of Care within thirty days after receiving the CAS application. How the plan should be set out depends on your situation, so it is worth confirming with a lawyer.

The court's pages direct parents to the Family Law Forms site for the current versions of the forms. Form names and numbers can change, so do not rely on an old copy from a friend or an older website.

• Write down the date you received the application and count thirty days forward.
• Download the current forms from the Family Law Forms site.
• Gather documents that support your plan, such as housing, work, school and program records.
• Think about who could help you care for the child, and whether you would propose a relative or community member.
• Ask a lawyer to review the draft before you serve and file it.

The steps that follow

A temporary care and custody hearing happens only if the parent disputes the CAS's claims. Evidence at that hearing is given by Form 14A affidavit, which is sworn or affirmed to be true. Case, settlement and trial management conferences and motions follow, and then a trial if the matter is not resolved.

If the court makes an interim society care order, it usually lasts three to twelve months, and the judge decides who has care and custody and what access the parent has.

Rules about missing dates and about privacy

Adjournments are allowed only in exceptional circumstances and where in the child's best interests, and they are requested by Form 14B motion. The parties cannot simply agree to change a date without the judge's approval, and a missed hearing may go ahead without the parent. Treat every date on your paperwork as fixed unless the court tells you otherwise.

Child protection hearings are closed to the public, although select media representatives may attend unless a judge excludes them. Publishing identifying information about a child, parent, foster parent or family member is prohibited, and parents may not share child protection documents or post about the case online. This includes social media posts that seem harmless, so keep your venting to private conversations with people you trust and with your lawyer.

What to do next

• Put every court date and deadline in your phone and on a paper calendar.
• Contact a lawyer or Legal Aid Ontario duty counsel as soon as you are served.
• Keep the papers together in one folder and do not share them online.
• Note how you will get to court, and arrange child care and time off work.
• Keep a simple log of visits, calls and what the society tells you.
• If you cannot attend a hearing, ask a lawyer immediately about a Form 14B motion.

Frequently asked questions