Family LawLawyer referralChild protection (Children's Aid Society)

Kinship and customary care placement

Legal work to place a child with a relative, family friend or community member rather than in foster care.

If a child has been taken to a place of safety, the Society must usually bring the case to court within five days, so contact a lawyer right away. Ontario Done by an Ontario lawyer, by referral

What is included

  • Explains the Society's concerns, your rights and the possible outcomes under the Child, Youth and Family Services Act, 2017
  • Reviews the Society's disclosure and evidence
  • Represents you at temporary care hearings, conferences and trial
  • Negotiates safety plans, supervision terms or a plan of care with the Society
  • Helps you put forward family or community members as caregivers where appropriate

What is not included

  • Court filing fees, process servers, valuations and other disbursements, unless the lawyer's retainer includes them
  • Steps beyond the scope the lawyer confirms in writing, such as a trial or an appeal
  • The charges of valuators, assessors, mediators or arbitrators
  • Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral

Who this service is for

  • Parents involved with a Children's Aid Society
  • Relatives or kin caregivers seeking a role in a child's care
  • Families responding to an investigation before any court case

Information to have ready

  1. 1Any papers from the Children's Aid Society or the court
  2. 2The name of the Society worker and the names of the children involved
  3. 3Details of family or community members who may be able to help
  4. 4Information about any criminal charges or other court cases

How a referral works

  1. 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
  2. 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
  3. 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
  4. 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.

NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights

Frequently asked questions

What does the lawyer charge?

A typical Ontario fee for this service is $2,500–$7,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.

Should I speak with the Society before I have a lawyer?

Cooperation can matter, but it is usually wise to get legal advice early, especially before signing any agreement or safety plan.

Can I get legal aid in a child protection case?

Legal Aid Ontario may help eligible parents in child protection cases. You can ask any lawyer NEO names whether they accept legal aid certificates.

Can a relative care for my child instead of foster care?

Often the Society and the court will consider family or community members as caregivers. Tell the lawyer early about anyone who may be able to help.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; the court decides any issue that is not agreed
  • The lawyer decides whether they can act after checking for conflicts of interest
  • Court dates and limitation periods keep running while you choose a lawyer
Law Society of Ontario — Barreau de l'Ontario
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