Child Protection

The Children’s Aid Society (CAS) has the right to apprehend a child when it is believed that the child is facing abuse, neglect or any other protection concerns. In many circumstances the Society’s perception of protection concerns will not accurately depict the parents’ version of the actual events. Rosenstock Law will help parents and guardians respond to applications initiated by CAS and aid them in finding the best way to assert parental rights when the CAS becomes involved with a family or when a child has been apprehended.

 

It is undoubtedly a horrific experience when the Society interferes in your life and makes decisions for your family. It is even worse, when they act on the right to physically remove children from the family home. As a parent, you will likely feel helpless, angry, guilty and fearful. Rosenstock Law believes in maintaining the family unit by providing support you require to overcome this difficult process. We do everything possible to ensure that your child remains in your care or to ensure that the child is returned to your care as soon as possible.

 

Clients often feel undermined and unheard by the Society due to misrepresentation of facts. We will clarify the issues to makes sure that your version of the matter is brought to light and properly represented before the Court. We vigorously fight to achieve the reunification of your family.

 

Common services include:

 

Contesting Protection Applications

 

Protection applications consist of an involuntary process where the society deems that the child is “in need of protection”. If there is an imminent risk, the child will be apprehended. These applications must be heard within 5 days of apprehension. It is best to retain a lawyer as soon as CAS becomes involved with your family. We will collect all necessary external documentation to prove that you are fit to parent your child. This is the ideal opportunity to respond to all of the concerns raised by CAS. We will provide the strongest available argumentation in order to oppose the order sought by the Society.

 

Care and Custody Hearings

 

The hearing must be held within 90 days after the Child Protection Application hearing. We will collaborate with you to put forth a convincing plan to seeking that the child(ren) be returned to your care or to the care of another person, as per your choosing, on an interim basis.

 

Contesting Status Review Applications

 

A final order can be permanent or it can be be granted by the Court for a fixed period of time. Non-permanent orders will be reviewable after expiration of a fixed period of time. When a Status Review is initiated by the Society, we will demonstrate how it is in the absolute best interest of your child to be returned to you where they can adequately be cared for and protected. We will be sure to bring any change of circumstances that may come about following a final order to the Court’s attention. We will highlight how it is in the absolute best interests of your child to be returned to your custody.

 

 

Mediation

 

Often a lawyer can act as a buffer between families and the CAS. If legal advice is sought early on in the process, often matter can be resolved with simple communication and negotiation. Rosenstock Law will serve as your experienced voice when dealing with CAS.

 

Responding To Any Allegations Made Against the Parent/Guardian

 

If you feel targeted or unjustly accused by CAS we will ensure to present your side of the story, regardless what the claims against you may be. Our submissions and views can be delivered in the form of written documentation or an informal meeting with the society.