Representing parents at all stages of Children's Aid Society investigations and protection proceedings — advocating for your rights while keeping your children's wellbeing at the centre.
When a Children's Aid Society opens a file on your family, the stakes are immediately high. CAS has broad powers under the Child, Youth and Family Services Act, 2017 to investigate, apprehend children, and bring protection proceedings. Getting legal advice early — including before speaking extensively with a CAS worker — is important.
If CAS believes a child is in need of protection, they can bring proceedings seeking a supervision order, interim society care (formerly "society wardship"), which is subject to time limits that depend on the child's age, extended society care (formerly called "Crown wardship"), or a custody order placing the child with a specific person (CYFSA ss. 101–102). We represent parents at every stage — from the first appearance through to trial.
In all protection proceedings, the primary consideration is the best interests, protection, and well-being of the child. We help parents demonstrate their genuine commitment to their children's safety and wellbeing — which is always the most persuasive position.
Even when a child is in CAS care, parents typically retain the right to access. Courts are required to consider access in protection proceedings, and we advocate for meaningful, appropriate access arrangements where it serves the child's interests.
Courts often prefer less intrusive outcomes, such as supervision orders or safety plans. We work with families to develop credible, workable safety plans that CAS and courts will accept.
You have the right to a lawyer. If you cannot afford a lawyer for CAS proceedings, Legal Aid Ontario may cover your costs. Contact us to assess your eligibility and options.
A children's aid society can become involved because someone reports a concern about a child, including concern arising from violence between adults in the home. That process is under the Child, Youth and Family Services Act, 2017. It is not a criminal prosecution, and it is not a substitute for a parenting case.
Section 74(2) sets out when a child is in need of protection. The grounds include physical harm, sexual abuse or exploitation, emotional harm, and a pattern of neglect, in the circumstances the section describes. Exposure to violence in the home is commonly assessed through those grounds, particularly the risk of physical harm and emotional harm. This page does not invent a separate numbered ground beyond what section 74(2) says.
Section 125 is the duty to report. A person who has reasonable grounds to suspect that a child under 16 is or may be in need of protection must report the suspicion, and the information on which it is based, directly to a society. The duty is ongoing: new information means a further report. A report about a 16- or 17-year-old may be made; the mandatory duty is aimed at children under 16. A person with the duty reports personally. They do not delegate the call. Privilege other than solicitor-client privilege does not block the report. This explanation is general information. It is not advice to conceal a concern, and it is not advice about what to say in a police interview.
A CAS case and a family-court parenting case can run at the same time. So can a criminal charge. We represent the parent in the protection proceeding and in the family case. A family restraining order does not replace a protection order in the CAS case, and a bail condition does not replace either one. Put every order in the same brief so the terms do not conflict.
The society's early steps can include an investigation and a plan. If the society starts a protection application, the orders a court can make include those already described above, under sections 101 and 102. Getting advice before a long interview with a worker is a reason people call. It is not a reason to refuse a lawful duty to report.
If you are in immediate danger, call 911. Persaud Hussain LLP practises family law only. We handle the family-court side only. You need separate criminal counsel for a criminal charge, a bail order, or a change to a criminal condition. Consultations are by Google Meet. A signing can also be done by Google Meet. The Markham and Toronto offices are staffed. Book a consultation or call (416) 826-1155. This is general information, not legal advice, and it does not predict what a court will order.
Read the related pages on emergency parenting orders, criminal orders and family court, and the domestic violence hub.
No. A child-protection proceeding is a family-court process under the Child, Youth and Family Services Act, 2017. A criminal charge is separate. Persaud Hussain LLP practises family law only. We handle the family-court side only. You need separate criminal counsel for a criminal charge.
If you have reasonable grounds to suspect a child under 16 is or may be in need of protection, section 125 requires you to report that suspicion directly to a society. You do not need to be certain. A concern about a 16- or 17-year-old may be reported. This is the statute, not a suggestion to investigate the family yourself.
Yes. They are different proceedings. The terms should be coordinated so a parent is not told to do one thing in one court and the opposite in the other. If a criminal no-contact order is also in place, that condition still binds until the criminal court changes it.
No. The court applies the child's best interests, protection, and well-being to the evidence. An early consultation is a place to understand the process. It is not a forecast of the order.
Every family law situation is unique. Book a consultation and speak directly with one of our lawyers about your specific circumstances.
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