What to Do If the Agency Takes Your Child Into Care in Nova Scotia

When an agency removes your child, everything can feel like it is happening at once. You may be frightened, angry or exhausted, and the people around you may be using unfamiliar words. The first days matter, and some calm, practical steps can help you protect your position.

This article gives a general outline for Nova Scotia. Your own court papers will set out the actual dates and what is alleged, and every case is different, so speak with a lawyer as soon as you can.

This article covers the law of Nova Scotia.

Understand who decides what

Child protection proceedings under the Children and Family Services Act are heard in the Supreme Court of Nova Scotia (Family Division). Since January 1, 2022, all family law matters in the province are handled under Rule 59 of the Civil Procedure Rules.

How the agency's role and your own role work in court, and what timelines apply to an early hearing, depends on your papers and the facts, so it is worth confirming with a lawyer. The Parent Information Program is mandatory when a court application involving children is filed in the Family Division, though parents can also attend voluntarily. Read every page you were given and note each date.

The first days: what to do

• Ask the worker in writing where your child is and who to contact about visits.
• Keep every paper you are given, including notices and court dates.
• Write down what happened and when, while you remember it clearly.
• Note the names and contact information of everyone you speak with.
• Call a lawyer or Nova Scotia Legal Aid the same day or as soon as you can.
• Arrange for a trusted person to help you attend meetings and court.

If there are other children in the home, think about their needs too, and keep the home safe and stable.

What to say and what not to say

You can be polite and cooperative without giving up your rights. Anything you say to a worker, a police officer or on social media can end up in a court file.

• Do say you want your child to be safe and that you want to work with the agency.
• Do ask for the concerns to be explained in writing.
• Do not argue, threaten or make accusations in front of workers or your child.
• Do not post about the case online.
• Do not sign documents you do not understand. Ask for time to get advice first.
• Do not speculate about what happened. Stick to facts you know.

Getting a lawyer and legal aid

Legal aid family coverage (Tariff 2) covers matters under the Parenting and Support Act, Divorce Act, Children and Family Services Act and Adult Protection Act. A person is financially eligible if they qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, or if paying for services outside the plan would reduce their income enough to qualify. The Commission may require a contribution, and you cannot be required to sell your principal residence.

Even if your income is above the usual amounts, the Commission can find you eligible where hiring a lawyer would cause undue financial hardship. If legal aid is refused, suspended or withdrawn, you can appeal to the Commission by written request for review. The decision-maker submits a written report with reasons, and on request the Commission hears you in person.

Asking for your child's return and what to do next

How to ask for your child's return depends on what the agency alleges and the facts of your case, so it is worth confirming with a lawyer. A lawyer can explain the options for your case, including whether a plan, supports or agreement might address the agency's concerns.

Settlement options exist in the Family Division. These include conciliation, mediation with a neutral mediator who cannot make orders, and voluntary judge-led settlement conferences. Mediation referral generally needs an active application.

• Attend every hearing and every scheduled visit.
• Follow any condition you agree to or the court sets.
• Keep a record of visits, calls and services you take part in.
• Tell your lawyer about any change in your address or contact details.
• Take care of yourself, since support from family or a counsellor helps.

Frequently asked questions