Child Protection Lawyers

Cohen Highley’s family law group represents parents, caregivers, and kin in child protection proceedings across Southwestern Ontario. Child protection law governs how the Children’s Aid Society (CAS) investigates concerns about a child’s safety and what legal steps follow. In Ontario, these proceedings are governed by the Child, Youth and Family Services Act (CYFSA), which establishes both the grounds for intervention and the rights of parents and caregivers throughout the process. When CAS becomes involved with your family, the decisions made early can have lasting consequences on your relationship with your children.

If you are currently facing a matter involving CAS as a parent or if you are a friend or family member caring for a child due to child protection concerns, please contact a member of Cohen Highley’s family law group as soon as possible.

Child Protection Legal Services We Offer

Cohen Highley’s family law group provides legal representation and guidance across all stages of child protection involvement, from initial CAS contact through to court proceedings and beyond. The services we offer include:

  • Advising on CAS Investigations: Helping you understand your rights before any formal steps are taken, including whether to engage with a CAS worker voluntarily and how to do so appropriately.
  • Reviewing Service Agreements and Safety Plans: Ensuring you understand what you are agreeing to before signing any documents with CAS.
  • Negotiating with CAS: Working directly with CAS on your behalf to address their concerns and explore alternatives to court intervention.
  • Representing Parents & Caregivers in Court Proceedings: Appearing at all stages of proceedings under the CYFSA, including initial hearings, status reviews, and trials.

Our Approach to Child Protection Cases

Child protection cases require both immediate action and careful, measured judgment. From the moment CAS becomes involved, the pace of proceedings is governed by strict statutory timelines under the CYFSA which means that what happens in the early days can significantly influence how a matter unfolds. Our approach is to become involved as early as possible, so that we can help you understand the process, communicate with CAS on your behalf, and ensure that nothing is agreed to or signed without your full understanding of what it means for you and your family.

Throughout a child protection matter, our goal is to help you respond constructively to the concerns that have been raised while protecting your rights as a parent or caregiver. We take the time to listen, to understand your circumstances, and to develop a clear plan. Whether your matter is resolved through negotiation with CAS or proceeds to court, we are committed to representing your position thoroughly and with care.

 

Why Choose Cohen Highley LLP

Cohen Highley has provided legal services to families across Southwestern Ontario since 1974. Our family law group has extensive experience in child protection matters under the CYFSA, working with parents, caregivers, and kin. We understand that no two families are the same, and we bring a practical, thoughtful approach to each matter.

Child protection cases can feel isolating and overwhelming. Having a lawyer who understands the system, knows how to engage constructively with CAS, and can represent you effectively in court makes a meaningful difference. If you or someone you know is facing CAS involvement, we encourage you to reach out to our team as soon as possible. We are here to help you understand your options and take the right steps forward.

Frequently Asked Questions

What is the Children's Aid Society (CAS) and when does it get involved?

CAS is an Ontario child protection agency with a legal mandate to investigate concerns about the safety and well-being of children. CAS becomes involved when a report is made suggesting that a child may be at risk of harm or in need of protection. Under the CYFSA, CAS is required to investigate these reports and determine what, if any, intervention is necessary. In many cases, CAS will first attempt to work with families voluntarily to address concerns before taking any further steps.

What are my rights as a parent when CAS is involved?

As a parent or caregiver, you have the right to know the general nature of the concerns being investigated, to seek legal advice at any stage of CAS involvement, and to participate meaningfully in any court proceedings that follow. You are not required to sign voluntary service agreements or safety plans without understanding what they mean, and you are entitled to have a lawyer review any documents before you do.

Can CAS remove my child without a court order?

Yes, in certain circumstances. If a CAS worker has reasonable grounds to believe that a child is in immediate danger, they have the authority to bring the child to a place of safety without a court order. However, if this occurs, the matter must be brought before a court within five days of the removal. At that point, a judge will determine what should happen next. This is why obtaining legal representation as quickly as possible after any apprehension is critical.

What is the difference between a supervision order and removal?

A supervision order allows a child to remain in the home with their parent or caregiver, but under conditions set by the court and monitored by CAS. It is generally considered a less intrusive outcome and reflects the CYFSA’s principle of preserving family connections where possible. Removal, or apprehension, occurs when CAS determines, or the court agrees, that a child cannot safely remain at home. In those cases, the child may be placed with a relative or family friend (known as kin placement) or in foster care.

How quickly do child protection cases move, and why does early legal advice matter?

Child protection proceedings under the CYFSA are governed by strict timelines. Courts are required to make decisions about a child’s status within defined periods, and delays in obtaining legal representation can limit your options and your ability to respond effectively. A lawyer can help you understand what is happening at each stage, communicate with CAS appropriately, and ensure that your position is heard. The earlier you seek advice, the more time you have to address the concerns that have been raised and to pursue outcomes that keep your family together.

Our legal team is accessible, innovative, and professional.

We hold ourselves accountable for the quality of our work on every file and for every client. We are committed to meeting the needs of our clients, while acting fairly, firmly and with integrity. We will innovate and adapt to enable us to achieve practical and effective legal solutions.

Featured Articles

Uncontested Divorce

Uncontested Divorce

Uncontested Divorce Article by Erin Burns Ending a marriage is a major life change, but if you and your spouse have finalized a Separation Agreement, the steps toward divorce are often simpler than expected. With the hard work of reaching an agreement behind you, the...

read more
What Are Notional Taxes?

What Are Notional Taxes?

What Are Notional Taxes? Article by Ken Fraser When spouses separate in Ontario, it is often necessary to address issues that relate to the assets and liabilities owned by each spouse. To properly address these issues, the spouses must know the accurate value for each...

read more

How to Connect With Us