CHILD PROTECTION

These are legal documents that begin a court case involving your family. They are important, and you should read them carefully. Bring all documents with you to your initial consultation at Rogers Law Firm, and keep them in a safe place 

Attend the court date listed on the application and consult legal counsel immediately. Child protection cases can move quickly, so gather any documents you plan to rely on and share them with your lawyer right away. 

The judge will review the court papers. You may have the chance to speak, but judges usually rely on written evidence (affidavits). Temporary custody of your child will be decided, which may involve you, the CAS, or a third party. The judge will also outline steps required before the case progresses and set the next court date. The Office of the Children’s Lawyer (OCL) may also be involved. A final decision is rarely made at the first hearing.

Parents have a legal duty to keep their children safe. CAS may investigate if they believe parents are violent toward each other, expose children to harm, or fail to protect children from others who may cause harm. Examples include physical abuse, neglect, or inappropriate sexual contact. 

Anyone with a reasonable belief that a child has been or might be harmed must report it to CAS. This includes relatives, friends, neighbours, and professionals who work with children (e.g., teachers, doctors, nurses, daycare workers, counsellors). Your lawyer does not have to report you to CAS.

Stay calm and try to speak to a lawyer before saying much. CAS usually needs permission to enter your home. It’s generally best to allow them in, as refusing can escalate the situation, CAS may use police support if needed. Workers typically speak to parents and children separately, and their notes can be used in court.

CAS can provide guidance or request that you take specific actions. Do not sign any documents without first receiving legal advice 

You can inform CAS if you have any family or trusted adults who can and are able to care for your child. If not, your child may be placed with a community agency or a government-supported family. You are usually allowed visitation.

The OCL represents children under 18 in certain court cases, including custody, access, and child protection matters. They only become involved if the court orders it or the law requires representation.