HCLS · Court process guide

Child Protection Process

Understand the steps, requirements, and expectations of child protection proceedings in a clear, step-by-step format.

All steps

Child protection · Process guide

CAS Sends You Court Papers

Starting the Process

Timing Urgent five-day rules apply when a child is brought to a place of safety

The Five-Day Rules

Under section 88 of the Child, Youth and Family Services Act, 2017, a child brought to a place of safety under the provisions listed there must be brought before the court as soon as practicable and within five days, unless a statutory alternative applies, such as return to the appropriate caregiver or a permitted care agreement.

For a court case involving a child brought to a place of safety, Rule 33 separately sets the first hearing within five days of the start of the case. Check the date on your court papers and seek legal help promptly. See the Ontario Court of Justice guide to the first court date.

What You Will Receive

CAS will serve you with court papers including an Application and other supporting documents outlining their concerns about your child.

Child protection · Process guide

Go to Your First Court Date

Initial Court Appearance

Timing Within five days of the start of the case if the child was brought to a place of safety; check your court papers

What Happens

The judge will make a temporary order about who will care for your child while the case proceeds through the court system.

What to Expect

This is typically a brief appearance. The judge will review the CAS application and make initial orders regarding your child's care.

Child protection · Process guide

Make an Answer and Plan of Care

30-Day Deadline

Timing Due 30 days after receiving the Application

⏰ Time-Sensitive: You have 30 days from receiving the CAS Application to serve and file your Answer and Plan of Care. Missing this deadline can seriously harm your case.

30-Day Deadline

You must serve and file your "Answer and Plan of Care" within 30 days after receiving the Children's Aid Society Application concerning your child.

What Happens If You Miss the Deadline

If you do not respond within 30 days, the court may proceed without your input, and you may lose important rights in the process.

Access Orders

If your child is not returned to you, the judge may make an access order to allow you to see your child, typically in a supervised access site.

Documents for this step

  • Answer and Plan of Care (Form 33B)

Child protection · Process guide

Temporary Care and Custody Hearing

Disputing CAS Claims

Timing Only if you dispute the CAS claims

When Does This Happen?

This hearing only occurs if you dispute the CAS' claims.

What Happens?

This is your first chance to tell the Court what you want and why you should get your child back. You will identify issues that are in dispute vs. those that are not, and explore ways to resolve disputed issues.

Evidence Used

The judge will rely on the Children's Aid Society's affidavits, your affidavits, and any other affidavits from people involved in your case.

Possible Outcomes

The judge may note admissions to simplify the case, set a date for the next step, make temporary orders (e.g., access), or give directions for future motions.

Documents for this step

  • Your Affidavit (Form 14A)
  • Reply Affidavit (if any)

Child protection · Process guide

The Judge Makes a Temporary Order

Three Possible Outcomes

Timing After the temporary care and custody hearing

Your Child Returns to Your Care

The judge may order your child to be returned to you, possibly with conditions or services in place.

Your Child Returns with a Supervision Order

Your child returns to your care, but CAS will supervise and monitor the situation for a period of time.

Your Child Remains in the Care of CAS or Someone Else

If the judge determines it is not safe, your child may remain in the care of CAS or be placed with another person (such as a relative).

Child protection · Process guide

Case Conference

First Judicial Meeting

Timing Usually the next appearance after the Custody Hearing

Purpose

The judge sets expectations for disclosing evidence and explores chances of settling. Parties are required to confer (talk) before a conference.

General Rules

You can have more than one Case Conference. A judge can also order conferences to be combined.

Documents for this step

  • Case Conference Brief

Child protection · Process guide

Settlement Conference

Attempting Resolution

Timing After the Case Conference

Purpose

Focused on settling or narrowing the issues in dispute. Whatever is discussed here CANNOT be used at Trial.

Documents Required

  • Settlement Conference Brief
  • Offer to Settle

Documents for this step

  • Settlement Conference Brief
  • Offer to Settle

Child protection · Process guide

Trial Management Conference

Getting Ready for Trial

Timing After the Settlement Conference

Purpose

Intended to get everyone ready for trial. Discusses how trial will be organized, evidence issues, and final chances of settling.

Documents Required

  • Trial Management Conference Brief
  • Offer to Settle

Documents for this step

  • Trial Management Conference Brief
  • Offer to Settle

Child protection · Process guide

Child Protection Trial

Final Hearing

Timing Rule 33 sets a 120-day hearing timetable, subject to court-ordered extensions

The Hearing Timetable

Family Law Rules, Rule 33(1)–(4) sets a maximum of 120 days from the start of the case for the hearing. The court may extend the timetable only if the child's best interests require it; the parties cannot extend it just by agreeing. This is a procedural timetable, not a guarantee that a final order will be made within 120 days. Confirm the dates and any extensions ordered in your case with your lawyer.

The Trial

The final hearing where a judge decides the outstanding issues in the child protection case. Both parties present their evidence, examine and cross-examine witnesses, and make legal arguments. Some orders may later be subject to a status review.

Assignment Court

A brief administrative appearance to specifically set the date for the trial.

Documents for this step

  • All previously filed materials
  • Trial Record

Child protection · Process guide

The Judge Makes a Decision

Final Orders

Timing After trial concludes

Child Is Not in Need of Protection

If the judge decides your child is not in need of protection, CAS returns your child to you.

Child Is in Need of Protection

If the judge decides your child is in need of protection, they will make one of the following orders:

Possible Orders

  • Supervision order
  • Interim society care order
  • Interim society care order followed by supervision
  • Custody order
  • Extended society care order

Status Review

After certain orders are made, the matter may return to court for a status review to assess progress and determine whether changes to the order are needed.

Glossary

14B Motion
A simplified procedural motion decided by a judge without a formal hearing. Used for routine uncontested matters like setting dates.
Access Order
A court order specifying when and how a parent or other person may visit or spend time with a child in CAS care.
Affidavit
A written statement of facts sworn under oath. Used as evidence in court for most motions instead of live testimony.
Answer and Plan of Care
The document you file in response to the CAS Application (Form 33B). States your position and outlines your plan for caring for your child. Due within 30 days.
Brief of Authority
A collection of court decisions (case law) and statutes that you rely on to support your legal arguments.
CAS (Children's Aid Society)
The government-funded agency responsible for child protection in Ontario. They investigate concerns about child safety and can apply to the court for orders.
Factum
A written legal argument submitted to the court, summarizing the facts, legal issues, and your position.
Focused Hearing
A hearing where the judge limits how evidence is presented and how long witnesses can testify, to streamline the process.
Offer to Settle
A formal written proposal to resolve some or all issues in dispute. Required at Settlement and Trial Management Conferences.
Place of Safety
A location designated by CAS where a child is taken for protection — such as a foster home or a relative's home.
Summary Judgment
A court decision made without a full trial, based on affidavit evidence alone. CAS may seek this if they believe there is no genuine dispute requiring a trial.