Can CAS Get Involved in a Custody Dispute Between Parents in Ontario?

When parents separate and disagree about parenting, it is common to worry that the other parent will call the children's aid society, or that a call will change the outcome in family court. The two systems are separate, but they can overlap.

This article explains when a society may become involved, what it looks at, and how its involvement can interact with a parenting case in Ontario. Your own facts matter a great deal, so a lawyer can tell you how this applies to you.

How a society becomes involved

Anyone who has reasonable grounds to suspect that a child is or may be in need of protection must immediately report it directly to a society, and the duty continues if new grounds arise. This includes a parent, a relative or a professional. The duty does not apply to children aged 16 or 17 unless a listed ground or a prescribed circumstance applies.

After a report, a society worker assesses risk and urgency, and an investigation takes place where there are reasonable and probable grounds. Societies have the exclusive mandate to investigate.

What the society actually looks at

The question is whether the child is in need of protection, such as through physical harm or risk of it, or emotional harm or risk of it. Exposure to domestic violence is not listed as a separate ground. It is assessed under the harm and risk-of-harm grounds.

A society is also guided by the Act's paramount purpose of promoting the best interests, protection and well-being of children, and by using the least disruptive appropriate course of action. A parenting disagreement alone does not answer the protection question.

How it can affect a family court case

• If the court finds a child in need of protection, it can make a supervision order, an interim society care order, an extended society care order, or interim care followed by supervision.
• Supervision orders can impose reasonable terms and conditions on a parent, a caregiver, the child and others.
• The court can make a restraining order barring contact with the child or with the person who has lawful custody. The named person must be personally served first.
• Before placing a child in society care, the court must consider placing the child with a relative or another member of the child's community, under supervision and with that person's consent.

In a parenting case, courts also consider family violence, which includes a child's direct or indirect exposure to violent or threatening conduct and need not be a criminal offence.

Custody orders and conflicting orders

Instead of a protection order, the court can grant custody to one or more persons other than a foster parent, with their consent. That order is deemed to be a parenting order or contact order under the Children's Law Reform Act. It ends the child protection case, and a later request to change it must be made under different legislation.

It cannot be made if a Divorce Act decision-making order exists, or if it would conflict with a superior court order. A non-parent such as a grandparent can apply for a parenting order, with a sworn affidavit setting out the proposed plan for the child's care.

What to do next

Stay honest and child-focused. Knowingly giving false information in a Part V application is punishable by up to $5,000, one year in jail, or both. Obstructing a child protection worker acting under specified sections is punishable by up to $50,000, two years, or both.

• Keep a record of dates, notices and who said what.
• Tell your family lawyer about any society involvement, and your child protection lawyer about any family court orders.
• Get advice before signing a Statement of Agreed Facts (Form 33C).
• Raise concerns about a society decision through its complaint process.

Frequently asked questions