Toronto Children’s Aid Society Lawyers
The government, through the various children’s aid societies (CAS, CCAS, JF&CS, NC & FS), has enormous power. A children’s aid society can remove your children from your care and place them with other people when they have a reasonable basis to believe that your children are at serious risk of harm. They can obtain a warrant to enter your home with the police and remove your children but a children’s aid society does not require a warrant to do so if they have cause to believe that your children are at immediate risk of harm.
If this happens to you, it is important for you to understand your rights as a parent and a caregiver. Among these rights are the right to have a court hearing within five days of your children being removed from your care and, in most cases, the right to have contact with your children if they are not in your care. A children’s aid society must provide you and the court with written documents setting out the reason why your children have been removed, before the first court hearing.
It is also important to understand what obligations a children’s aid society has to you and to your children if they become involved in a court proceeding with you. Among these obligations are a requirement that a children’s aid society (CAS) provide supports to you and the children and to advise you in writing about what their expectations of you are. A children’s aid society may only take the least restrictive steps necessary in order to protect the children and must obtain a court order with respect to the steps that it takes. A children’s aid society also has an obligation where possible to focus on your family’s reunification as soon as it is safe for the children. This is instead of pursuing a route to place the children in foster care.
Each city or region has its own children’s aid societies. In Toronto, there are four. These are the Children’s Aid Society of Toronto (CAS), the Catholic Children’s Aid Society of Toronto (CCAS), Native Child and Family Services (NC&FS) and Jewish Family and Children’s Services (JF&CS).
Children’s aid societies acquire their authority to intervene through legislation called the Child, Youth and Family Services Act. This Act defines the circumstances under which children may be deemed to be “in need of protection”. These reasons may include actual harm or risk of harm to a child; actual harm or risk of sexual harm to a child; neglect; actual or risk of causing emotional harm to a child; failure to provide a child with necessities; failing to provide a child with medical attention; abandonment of a child and other causes. The Act also lays out the legal framework of a children’s aid society’s powers and a court’s powers, and sets out timelines for all steps taken in a legal case with a children’s aid society.
You can come to the attention of a children’s aid society because a relative, a friend, a neighbour, a school, a doctor, the police or some other source has made a report to a children’s aid society that they believe your child is at risk of harm in your care. When this happens, you need a lawyer with extensive experience in Child Protection Law to help you navigate this complicated area of law. You need an experienced child protection lawyer. You need a top Toronto CAS lawyer.
The GOLDSTEIN Divorce & Family Law Group has one of the best child protection lawyers in Toronto. Colin Tobias has experience, having focused in this area of the law since 1992. He will advise you of your rights and obligations and work with you to create the best possible course of action in your dealings with the children’s aid society.
Colin Tobias, as one of the top CAS lawyers in Toronto, will ensure that your side of the story is presented to both the children’s aid society and the court. His representation will include drafting persuasive and responsive documents for the court, replying to the allegations of the children’s aid society and ensuring that the court and the society understand and consider your side of the story. In court, Mr. Tobias will strongly advocate on your behalf. He will help you formulate the plan you need to have your children returned to your care as soon as possible and to end the society’s involvement in your life. Colin Tobias has extensive trial experience and will not hesitate to ensure that your case goes to trial if it cannot be successfully resolved.
Colin Tobias will be pleased to accept a Legal Aid Certificate to represent you on your case. If you do not qualify for legal aid, Mr. Tobias will work with you to establish an affordable payment arrangement.
There can be no greater intrusion in a parent’s life then to have the government seek to remove your children from your care. You do not have to fight this battle alone and you should not try to. You need a childrens aid lawyer who understands this area of the lawyer, knows the players involved and has the professional relationships and experience to achieve a favourable outcome for you. The GOLDSTEIN Divorce & Family Law Group has such a lawyer. If you are in need of one of the best childrens aid society lawyers in Toronto, then please do not hesitate to contact us a 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.