Difference between revisions of "Family Violence"

Unlike the majority of the general rules governing how children are dealt with in family law, the best interests of the children is not the most important consideration under this act. The most important considerations under the Child, Family and Community Service Act are the ''safety and wellbeing'' of the children.

Whether the complaint is justified or not, you must co-operate with the social worker who investigates the report. Obviously, you'll want to prove that there's no justification for the report, and it may help you to refer the worker to the child's family doctor, teachers and daycare providers who can say that the child isn't at risk and hasn't been abused.

Once the social worker has concluded that there is a problem, there's very little you can do to get the worker out of your hair except do what he or she wants. It is critical that you comply with his or her "suggestions" about things like parenting courses, help from outside agencies, homemaking services and so forth. If you don't do the things the worker suggests, you may be flagged as "resistant" to those remedies. This can trigger an escalation in the worker's involvement in your family and can lead to harsher conditions being imposed, such as the removal of your child.

The impact of a report to the ministry on your family law action will obviously depend on the circumstances and whether the investigation shows that there is actually a problem in your home. The simple fact that a report has been made will not give the other parent grounds to apply for a change in the child's residence; in fact, if other parent reported you to to ministry and there was no substance to the claim, it may stand as further evidence of the other parent's unwillingness to co-operate with you in raising your child.

If the worker investigating the report is sufficiently concerned about the child's living conditions and risk of harm, or the reported parent's willingness to co-operate with the ministry, the ministry may begin court proceedings. If the ministry has taken a child out of the care of his or her parents, the ministry must commence a child protection action and seek a court order approving the removal. All child protection proceedings are held in the Provincial Court, and are run under special rules of court, the [http://canlii.ca/t/85tk Provincial Court (Child, Family and Community Service Act) Rules].

If the ministry has removed a child from your care, the ministry is required to set a "presentation hearing" within 7 days, at which the ministry's action is either confirmed or overruled. The issue at this hearing is whether or not the child was in need of protection and was properly removed from the home. You will be served with notice of the presentation hearing and you may attend the hearing where you will be allowed to address the court and call evidence in support of your position.

At the presentation hearing, the court may make interim orders for the following relief :

*that the child be returned to you, and

Within 45 days of the presentation hearing, assuming the ministry was successful at that hearing, a "protection hearing" is held. At this hearing the court may direct the parties (you and the ministry) to attend a Case Conference, if you and the ministry cannot agree on the terms of the order that the court should make at the beginning of the hearing.

A Case Conference is a relatively informal meeting between you, the ministry's representative and the judge. Sometimes the social worker also attends. If you and the ministry cannot negotiate and agree on the terms of an order about your child during the Case Conference, the judge may make some directions about the conduct of the proceeding, such as the exchange of information and the scheduling of dates, and set a date for the continuation of the protection hearing.

*that the child be returned to you under the supervision of the ministry for a period of up to 6 months,

At the conclusion of the period of time specified in the court order, the status of your child will normally be reviewed. It may be critical that you use the intervening period of time to comply with any directions made by the court or the recommendations of the ministry about things like special courses, programs or services that you should take, since the court will be looking to see whether the risks or deficiencies that caused the child to be removed are still there. If nothing has changed, the terms of the order will likely be continued.