Child Protection and the Ministry
I represent parents, grandparents, and/or other family members who are involved in court proceedings against the Ministry for Children and Family Development. This is a unique subset of family law commonly known as "child protection" or "child apprehension". I provide legal representation in all aspects of a child apprehension proceeding, including:
- Supervision Orders;
- Temporary Custody Applications;
- Continuing Custody Applications;
- Mediation;
- Collaborative Meetings;
- Restraining Orders; and
- Related Family Law Proceedings.
The Ministry of Children and Family Development is concerned with child protection. The law of child protection is codified in the Child, Family and Community Service Act.
All child protection cases start with a report from a community member that a child is at risk. The person making the report can be your neighbour, your child’s teacher, or even your doctor. Once a report is made to the Ministry, the Ministry has a legal obligation to investigate the report and intervene if necessary.
The most common reports that are made to the Ministry are drug abuse by a parent, physical abuse of a child by a parent, neglect of a child by a parent, and spousal violence.
If a protection report has been made concerning your child, you will be contacted by a social worker employed by the Ministry who will conduct an investigation into your family life. In serious cases, the social worker may be accompanied to your home by the police for the purpose of removing your child from your care. In these serious cases, the Ministry must file a court application.
The Ministry doesn’t automatically go to court as part of every investigation. In some cases, a simple interview with the parent can be enough to end the investigation. In other cases, the social worker may conduct a more thorough investigation and make recommendations to you about how risks can be managed without further Ministry intervention.
There are, however, many cases where the perceived risks are such that the Ministry will take more intrusive action and either monitor your family through a court ordered set of conditions, or remove your child from your care and place your child in another home.
In the most serious of cases, the Ministry can apply for a continuing custody order, which results in a long term transfer of custody to the Ministry, usually until the child turns 18 or is adopted.
Parents who are involved in a child protection proceeding experience a wide range of devastating emotions. The process can be very lengthy, and feels unfair and intrusive.
When a parent comes to me for help in a child protection case, I represent that parent to the best of my ability; I do not judge. I will assist by taking a critical view of the evidence, and advise my clients based on my experience in previous cases. I keep my clients educated throughout the process, and provide ongoing feedback and support. I also assist my clients by referring them to the appropriate community supports, such as counselling and addiction services.
The Ministry doesn't always make the right decision, and it is important for parents to protect their children's rights.
If your child has just been removed from your care by the Ministry, or if you need assistance with an ongoing case, please contact me for a free consultation.
Relevant Legislation
Child, Family and Community Service Act
