- For a temporary order that removes a child, the court must have reasonable grounds to believe the child is likely to suffer harm and that returning the child to the caregiver, with or without supervision, would not adequately protect them. When it decides what is in a child's best interests, it looks at factors such as the child's views and wishes, the child's needs, relationships with family and community, continuity of care and the risk of harm from removal.
- Child protection cases run on a strict timetable, so acting early matters.
- A court must not order a child removed from the person who had charge of them unless less disruptive alternatives would be inadequate, and before ordering removal it must consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order.
Having your child in the care of a children's aid society (CAS) is frightening, and most parents want to know one thing: what can I do to bring my child home? There is no single formula, but there are rules about how the court decides and how long things can take.
This article explains those rules in plain language and suggests practical steps. It does not replace advice from a lawyer who can look at your court documents and your society's plan.
What the court looks at
A child is found to be in need of protection on specific grounds. These include physical harm inflicted, or caused by a failure to care for or protect the child, by the person who has charge of the child, and a risk that the child is likely to suffer physical harm or emotional harm.
In deciding what is best, the court considers factors such as the child's views and wishes, given due weight according to age and maturity, the child's physical, mental and emotional needs, relationships with family and community, continuity of care, and the risk of harm from removal.
The court must not order a child removed from the person who had charge of them unless less disruptive alternatives would be inadequate. This is why the society's concerns, and your answer to them, are the heart of the case.
Temporary orders and the timetable
When a hearing is adjourned, the court makes a temporary care and custody order. It may return the child to the person who had charge, do so under society supervision, place the child with another person who consents under supervision, or place the child in society care.
The court may make a temporary order placing the child with another person or in society care only if there are reasonable grounds to believe the child is likely to suffer harm and cannot be adequately protected by returning to the caregiver, with or without supervision. Before placing a child in society care temporarily, the court must consider whether placement with a relative or a member of the child's extended family or community is in the child's best interests.
The Family Law Rules set maximum times for every child protection case, measured from the start of the case.
| Step | Maximum time from start of case |
|---|---|
| First hearing, if child brought to a place of safety | 5 days |
| Service and filing of answers and plans of care | 30 days |
| Temporary care and custody hearing | 35 days |
| Settlement conference | 80 days |
| Hearing | 120 days |
The court may lengthen a time only if the child's best interests require it, and the parties cannot lengthen it by consent. A party must serve and file its plan of care or supervision at least seven days before a conference.
Possible outcomes and limits
A final order can be a supervision order, where the child is placed with a parent or another person under society supervision for at least three months and no more than 12 months. It can also be interim society care for a specified period of no more than 12 months, or extended society care.
There are limits on time in society care. An interim society care order cannot result in more than 12 months in care if the child is younger than 6, or 24 months if the child is 6 or older, and earlier periods count toward the limit. The court may extend the limit by up to six months if that is in the child's best interests.
If a child is removed, the court must order access to the person who had charge of the child unless continued contact would not be in the child's best interests.
Practical steps to show change
The law does not give a checklist for getting a child home, but the court's questions are about safety, risk and the child's needs. These steps generally help you answer them:
- Get legal advice as early as you can, because the timetable is short.
- Read the society's plan and concerns carefully and ask your lawyer what each one means.
- Prepare your own plan of care or supervision and file it on time.
- Go to every access visit and court date, and keep notes of how visits go.
- Take part in services that address the specific concerns, and keep proof of attendance.
- Tell your lawyer about relatives or community members who could care for the child with consent.
Agreements matter too. A consent or agreement is valid only if you have capacity, are reasonably informed, have had a chance to get independent advice, and act voluntarily.
What to do next
If a court case has started, ask for your court dates and the society's plan in writing and speak to a lawyer right away. If a final order has already been made, a parent may start a status review on notice to the society, although a parent needs the court's leave in some cases. A lawyer can tell you which route fits your situation.
Frequently asked questions
Can a relative care for my child instead of the society?
Often the court must consider it. Before ordering removal, it must consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order. If the society has found that your child needs protection and cannot be adequately protected with the current caregiver, and it plans to place your child with a relative or a member of the extended family or community, it must first decide whether that person is capable of providing a safe home environment, which includes assessing the home; but if your child already lives with that person when the society learns of it, the society must make its decision within seven days of learning of the placement.
Can I agree to a temporary arrangement without going to court?
A person who is temporarily unable to care adequately for a child may make a temporary care agreement with a society. It cannot be for longer than six months, and with a Director's written approval it may be extended, but the total cannot exceed 12 months.
Can I attend the hearing?
Yes, a parent can take part in the hearing, because the parent is a party to a child protection proceeding, along with the society. The hearing is held without the public present unless the court orders otherwise, and that rule is about public access, not about whether a party such as a parent can attend.
Can I ask the court to review a final order later?
A parent may start a status review of a final order on notice to the society, and needs the court's leave in some cases. A lawyer can explain whether leave applies to you.
Sources
- O. Reg. 156/18 (General) under the CYFSA (e-Laws) — Ontario e-Laws
- Child, Youth and Family Services Act, 2017 (e-Laws) — Ontario e-Laws
- Family Law Rules, O. Reg. 114/99 (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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