- Whether you qualify for Legal Aid Ontario help depends on that organization's own rules, so confirm directly with Legal Aid Ontario or a lawyer.
- Child protection cases follow a strict timetable, so it is wise to seek advice as soon as you are served.
- Parents, caregivers and children 12 or older each have different rights to notice and to take part in a hearing.
Facing a Children's Aid Society (CAS) case is stressful, and paying for a lawyer can feel out of reach. Many parents ask whether Legal Aid Ontario can help and whether their child will have a lawyer of their own.
Eligibility for legal aid, including certificates, depends on rules set by Legal Aid Ontario, and those rules can change. This article does not set them out. It explains who takes part in a child protection case and why acting quickly matters, so you can ask better questions.
What we can and cannot say about eligibility
Whether you qualify for legal aid, what a certificate covers and how financial eligibility is measured are decisions for Legal Aid Ontario. They depend on your circumstances and on the organization's current rules.
The safest approach is to contact Legal Aid Ontario directly, or ask a lawyer or the court office how to apply. Do this as soon as you are served with court papers, and do not assume you are ineligible without asking.
Who takes part in a child protection hearing
Knowing who the parties are helps you see where you fit. The parties to a child protection proceeding are the applicant, the society with jurisdiction and the child's parent. For a First Nations, Inuk or Métis child, a representative chosen by each of the child's bands and communities is also a party.
Others can be involved without being full parties. Anyone who cared for the child continuously, including a foster parent, during the six months immediately before the hearing gets the same notice as a party and may attend, have a lawyer and make submissions. Taking any further part requires the court's leave. This can matter to grandparents and other relatives who have been caring for a child.
The child's own voice and lawyer
A child 12 or older is entitled to notice of the hearing and to attend, unless the court is satisfied that being present would cause the child emotional harm. The court also considers the child's views and wishes, given due weight according to age and maturity, when deciding best interests.
A lawyer or the court can tell you whether that is happening in your matter.
Why timing matters
Child protection cases move quickly. Measured from the start of the case, the maximum times include 30 days for service and filing of answers and plans of care, and 35 days for a temporary care and custody hearing. If a child is brought to a place of safety, the first hearing must be held within 5 days.
The court may not adjourn a hearing for more than 30 days, unless all parties present and the person who will care for the child during the adjournment consent, and the court does not know of any absent party who objects. Waiting to find a lawyer can leave you with little time.
Be careful before signing any agreement. A consent or agreement is valid only if the person has capacity, is reasonably informed, has had a chance to get independent advice, and acts voluntarily, without coercion or undue influence.
What to do next
- Contact Legal Aid Ontario as soon as you receive court papers, and ask how to apply.
- Keep every document you were served with and note the hearing dates.
- Gather any documents and details about your situation that you may need, and confirm with a lawyer or the office handling your application what it asks for.
- Ask any lawyer you speak with about your options if legal aid is not available to you.
- Do not sign a consent or agreement before you have had independent advice.
Frequently asked questions
Will Legal Aid Ontario cover my CAS case?
That depends on Legal Aid Ontario's own eligibility rules and your circumstances, so it cannot be answered in general. Contact Legal Aid Ontario or a lawyer to find out where you stand.
Can a grandparent who has been raising my child take part in the hearing?
Possibly. Anyone who cared for the child continuously during the six months immediately before the hearing gets the same notice as a party and may attend, have a lawyer and make submissions. Taking any further part requires the court's leave.
Does my teenager have the right to attend court?
A child 12 or older is entitled to notice of the hearing and to attend, unless the court is satisfied that being present would cause the child emotional harm. The court decides if that exception applies.
How long do I have to get a lawyer?
There is no single answer, but the timetable is tight. Answers and plans of care are due within 30 days from the start of the case. It is best to seek advice immediately.
Sources
- 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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