- Society wardship is the older term for interim society care, a temporary order of up to 12 months per order.
- Crown wardship is the older term for extended society care, which lasts until a judge changes it, the child is adopted, or the child turns 18.
- At a protection hearing, the CAS must prove the child is in need of protection and that the order sought serves the child's best interests.
- A parent who wants to oppose the Society must serve and file an Answer and Plan of Care within thirty days after receiving the CAS application.
If a Children's Aid Society (CAS) has brought your child's case to court, you may hear the words 'Crown ward' and 'society ward' used as if everyone already knows the difference. They are not the same, and the difference matters a great deal to your future time with your child.
This article explains the two terms in plain language, how long each kind of order lasts, and how the court gets to that point. It is general information, not advice on your own case. A lawyer can tell you how the rules apply to your facts.
What the terms mean
The Act now uses newer words. Extended society care is the Act's term for Crown wardship, and interim society care is the temporary order that used to be called society wardship. Many people, including lawyers and court staff, still use the older names in conversation, so it helps to know both.
| Older term | Term in the Act | Basic idea |
|---|---|---|
| Society wardship | Interim society care | Temporary order, up to 12 months per order |
| Crown wardship | Extended society care | Longer-term order that lasts until it is terminated or expires under the Act |
How long each order lasts
An interim society care order is up to 12 months per order. The court describes it as usually lasting three to twelve months. During that time the judge decides who has care and custody of the child and what access the parent has.
An extended society care order is meant to be longer-term. It lasts until it is terminated under section 116 or expires under section 123. The court describes it as lasting until a judge changes the order, the child is adopted, or the child turns 18. Because the wording of those sections has been amended over time, a lawyer can confirm how they apply today.
How the court gets to an order
A CAS starts a child protection case by serving and filing a Form 8B Application (Child Protection). If the child was taken to a place of safety, the CAS must go to court within five days after starting its case, and the judge makes a temporary order about who cares for the child at that first date.
If you dispute the Society's claims, there is a temporary care and custody hearing, with evidence given by Form 14A affidavit. Conferences and motions follow, then trial if the matter is not resolved. At a protection hearing, the CAS must prove its claims on the balance of probabilities, including that the child is in need of protection and that the order it wants serves the child's best interests.
If the judge finds the child is not in need of protection, the case ends and the child returns to the person who had care before.
What this means for access and adoption
With an interim society care order, the judge decides your access as part of the order. How that access works in practice, such as supervision or frequency, depends on the facts and the order itself, so ask a lawyer about your situation.
Extended society care ends if the child is adopted. If the Society serves a notice of intention to place a child for adoption, a person has 30 days after receiving it to apply for an openness order, otherwise the right to apply is lost. Our separate article on openness orders explains this in more detail.
- Interim order: temporary, with the case still moving forward.
- Extended order: longer-term, and it can end by a judge changing it, adoption, or the child turning 18.
- Either way, the order must serve the child's best interests.
What to do next
Deadlines in these cases are short. If you want to oppose the CAS, you must serve and file an Answer and Plan of Care within thirty days after receiving the application, and the court directs parents to the Family Law Forms site for current versions of the forms. For your first court date, the court suggests speaking with Legal Aid Ontario's advice and duty counsel at the courthouse.
- Write down the date you received the CAS application and count thirty days from it.
- Keep every court document, but do not share them or post about the case online.
- Attend every hearing, because a missed hearing may go ahead without you.
- Ask duty counsel or a lawyer which order the Society is asking for and why.
Frequently asked questions
Is a Crown ward the same as an extended society care order?
Yes. Extended society care is the Act's term for Crown wardship. Interim society care is the temporary order, up to 12 months per order.
Can a society care order be changed?
An extended order lasts until it is terminated under section 116 or expires under section 123. The court describes it as lasting until a judge changes the order, the child is adopted, or the child turns 18. Whether a change is realistic depends on your facts.
Can I attend the hearing with a friend or post about it?
Child protection hearings are closed to the public, though select media representatives may attend unless a judge excludes them. Parents may not share child protection documents or post about the case online.
What if I miss a court date?
A missed hearing may proceed without you. Adjournments are allowed only in exceptional circumstances and where in the child's best interests, by Form 14B motion.
Sources
- Ontario Court of Justice – Child Protection: Going to Court — ontariocourts.ca
- Ontario Court of Justice – Child Protection — ontariocourts.ca
- Ontario Court of Justice – Child Protection Law Trial — ontariocourts.ca
- Ontario Court of Justice – Child Protection Case — ontariocourts.ca
- Ontario Court Forms – Form 8D.3 Notice of Intention to Place First Nations, Inuk or Métis Child for Adoption — ontariocourtforms.on.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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