- Child protection proceedings under the Children and Family Services Act are heard in the Supreme Court of Nova Scotia (Family Division).
- How long a child can stay in care depends on the order in place and the facts of your case, so it is worth confirming with a lawyer how this applies to your child's order.
- Legal aid family coverage includes Children and Family Services Act matters, and a refusal of legal aid can be appealed.
When a child is in an agency's care, one of the first questions a parent asks is how long it can last. It is a fair question, and the answer matters for planning, for court dates and for what you need to show the court.
This article explains where these cases are heard, what kinds of steps and supports exist along the way, and how to get legal help. Please confirm them against the current Act with a lawyer.
This article covers the law of Nova Scotia.
Where child protection cases are decided
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.
The same court also hears parenting arrangements, child support, division of matrimonial assets and debts, and divorce. If you have more than one family issue, they may be connected, so it helps to tell your lawyer about all of them.
Why there is no single answer to how long
The Supreme Court (Family Division) hears child protection proceedings under the Children and Family Services Act. How long a child may be in care depends on the order in place and the facts of your case.
Because the wording of the Act and of your own orders matters, you should read the current version of the Act or have a lawyer explain it rather than rely on a general summary.
Steps and supports available during a case
The Family Division offers court-based dispute resolution. Conciliation involves a court officer who meets the parties to identify issues and explore settlement, and it is mandatory in some courts for certain applications. Mediation uses a neutral mediator who cannot make orders, and a court referral generally needs an active application. Voluntary judge-led settlement conferences are also available.
The Parent Information Program is mandatory when a court application involving children is filed in the Family Division, although parents can also attend voluntarily. Whether these options fit a child protection file depends on your case, so ask about them.
- Conciliation: a court officer helps identify issues and explore settlement.
- Mediation: a neutral person helps, but cannot make orders.
- Settlement conference: a voluntary meeting led by a judge.
- Parent Information Program: mandatory when an application involving children is filed.
Getting legal help as a parent
Legal aid family coverage under Tariff 2 includes matters under the Children and Family Services Act. An applicant is financially eligible if they qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, or if obtaining services outside the plan would reduce their income enough to qualify. The Commission may require a contribution, and an applicant cannot be required to sell their principal residence.
The Commission can also find you eligible even if your income exceeds the usual amounts where retaining 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.
What to do next
If your family is involved with a child protection agency or a court case about your child, a few practical steps can help you stay organized and get support early.
- Keep every court document, order and notice in one folder, and note the date each order was made.
- Write down any dates or deadlines in your orders and ask a lawyer what they mean.
- Ask what type of order is in place and what it means for how long a child may be in care.
- Attend scheduled court dates and any required programs.
- Apply for legal aid early if cost is a concern, and keep proof of your income and benefits.
- Write down questions before each meeting with the agency or your lawyer.
These cases are serious, and how they apply to you depends on your situation and your own orders, so it is worth speaking with a lawyer as soon as you can.
Frequently asked questions
Which court decides whether my child stays in care?
Child protection proceedings under the Children and Family Services Act are heard in the Supreme Court of Nova Scotia (Family Division). Family matters in the province are handled under Rule 59 of the Civil Procedure Rules.
How long a child can be in care depends on your situation, so what should you do?
How long a child can be in care depends on the type of order and the facts of your case, so it is worth confirming with a lawyer. Check the current text of the Act and your own orders with a lawyer before relying on any number.
Can I get legal aid for a child protection case?
Legal aid family coverage includes matters under the Children and Family Services Act. Eligibility depends on your finances, and the Commission can find you eligible where a lawyer would otherwise cause undue financial hardship.
What if legal aid is refused?
You can appeal to the Commission by written request for review. The Commission considers a written report with reasons and, on request, hears you in person.
Sources
- Nova Scotia Courts - Supreme Court (Family Division) — courts.ns.ca
- Legal Aid Regulations (Nova Scotia) — novascotia.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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