- No CYFSA section on its own says a parent under a supervision order must get CAS permission to move, so the answer depends on the terms of your order or agreement.
- A supervision order can impose reasonable terms and conditions on a parent, and those terms are enforceable through the court.
- Separate relocation notice rules of 60 days apply once a custody order under s. 102 is in place.
A new job, cheaper housing or family support in another city can be good reasons to move. When a children's aid society (CAS) is involved, parents often worry that moving will be treated as running away, or that they need approval they do not know how to get.
The answer depends on what kind of involvement you have: a voluntary agreement, a court order with conditions, or a custody order. This article explains how to find out which rules apply to you and why telling the society first is usually the safer path.
Start with your order or agreement
No section of the Child, Youth and Family Services Act, 2017 (CYFSA) by itself requires a parent under a supervision order to get CAS permission before moving. Any such requirement comes from the specific terms of your court order or your voluntary agreement. Read yours closely, and ask a lawyer if the wording is unclear.
Temporary orders and supervision orders can impose reasonable terms and conditions on the parent, the caregiver, the child and others. That is how conditions, such as who may live in the home, are made enforceable through the court.
| Your situation | Where the moving rules come from |
|---|---|
| Voluntary agreement with the society | The terms of that agreement |
| Temporary or supervision order | Terms and conditions in the order |
| Custody order under s. 102 | Children's Law Reform Act relocation rules |
| Child placed in society care | Limits on placement outside Ontario |
If you have a voluntary agreement
A temporary care agreement is voluntary. Any party can end it by written notice, and it ends five days after the other parties actually receive the notice, or up to 21 days if the agreement sets a longer period. A society can enter into one only if no less disruptive course of action, such as care at home, would adequately protect the child.
Other voluntary plans that do not involve the court depend on what you agreed to. Do not assume a verbal comment from a worker changes that, and ask for any change in writing.
If a court order is in place
A supervision order must last at least 3 months and no more than 12 months. During that time its terms apply, and the society must apply for a status review before it expires. A move can affect how the society supervises, so a proposed move is something to raise with the society and the court early.
If the terms of your order do not allow a move, how it can be changed depends on your situation, so it is worth confirming with a lawyer. A parent can apply for a status review, on notice to the society, but generally must wait six months after the latest order, unless the court is satisfied a major element of the plan of care it relied on is not being carried out. On a review, the court can vary or end the original order.
If the child is in society care, the society cannot place the child in interim or extended society care outside Ontario, or permanently remove the child from Ontario, unless a Director finds extraordinary circumstances. It must choose the least restrictive placement and consider the views of a parent who has access.
If you have a custody order or parenting order
A custody order under s. 102 of the CYFSA, and any access order made with it, is deemed to be a parenting order or contact order under the Children's Law Reform Act. Under that Act, a person with decision-making responsibility or parenting time must give at least 60 days' notice of a relocation, and anyone receiving the notice can object within 30 days.
The court can waive these notice requirements, including where there is a risk of family violence, and a waiver application can be made without notice to the other party. If family violence is part of your situation, get legal advice before you move.
Risks of moving without telling CAS, and next steps
Moving quietly can cause real problems. If your order has terms about residence or supervision, ignoring them can be raised in court, and conditions in orders are enforceable through the court. How a society or a court responds to a move you did not discuss depends on your order, your plan and the facts, so it is worth confirming with a lawyer. Telling your worker before you move, and keeping a record of what was discussed, makes it easier to show that you acted openly.
Whether a particular move would be a problem depends on your order, your plan and the reasons for the move. A lawyer can confirm this for your case.
- Read the conditions in your order or agreement for anything about residence, supervision or notice.
- Write down your reasons for moving and your plan for housing, school, health care and support.
- Tell your worker about the proposed move before you act, and ask for any agreement in writing.
- If the order needs changing, ask a lawyer about applying to vary it.
- Keep copies of all notices, emails and court documents.
- If you are unhappy with a society decision, you can make a written complaint, ask the Child and Family Services Review Board to review it, or contact the Ontario Ombudsman.
Frequently asked questions
Do I need CAS permission to move if I have a supervision order?
No CYFSA section on its own says so. A requirement would come from the terms of your specific order, which can include reasonable conditions enforceable through the court. Read your order and confirm with a lawyer.
Can I move if I only have a voluntary agreement with CAS?
It depends on what the agreement says, because any requirement about moving would come from its terms. A temporary care agreement is an arrangement for a child placed in society care, and a society can enter one only if no less disruptive course of action, such as care at home, would adequately protect the child. How this applies depends on your situation, so it is worth confirming with a lawyer before you move or end any agreement.
What notice do I need to give if I have a s. 102 custody order?
Such an order is deemed to be a parenting order under the Children's Law Reform Act, so at least 60 days' notice of a relocation is required, and the other party can object within 30 days. The court can waive these requirements where there is a risk of family violence.
Can CAS move my child out of Ontario?
A society cannot place a child in interim or extended society care outside Ontario, or permanently remove them from Ontario, unless a Director finds extraordinary circumstances.
Sources
- Child, Youth and Family Services Act, 2017 (e-Laws) — Ontario e-Laws
- Children's Law Reform Act (e-Laws) — Ontario e-Laws
- Ontario.ca – Children's aid societies — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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