The Ministry Has Taken My Kids

The Ministry of Children and Family Development or a delegated agency has the authority to remove children from their home if they are "in need of protection" because they believe that a child has been

abused or neglected, or is likely to be abused or neglected. If the Ministry removes the child or children, the matter is taken to Family Court until it is resolved.

If the Ministry has begun an investigation, you can ask for legal advice before the child is removed from the home (see the steps below).

First steps

1. If you need a lawyer but cannot afford one on your own, apply for legal aid representation. (See Legal Aid Representation in Part 2 of this guide for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court.
2. If you don't have a lawyer, consider getting some legal advice. Child protection is a very emotional issue and difficult to face without legal advice and support. See if there is an advocate in your community who can help. PovNet (listed in the Resource Guide in part 2) has a "Find an Advocate" feature on their website. As well, family duty counsel can provide advice services.
3. Contact the worker who removed your child, and see if you can negotiate for either the return of your child or access to your child while in Ministry care. Take a friend or advocate with you when you speak to the worker. Make sure you have a lawyer review any agreement before you sign it.
4. Within 7 days of removing the child, the Ministry must go to Family Court and explain to a judge why the child was removed and what their plans are for the child until the matter is resolved. Attend this hearing. Even if you can't convince the judge to return the child right away, you can ask the judge for access to the child. There is usually a duty counsel lawyer in Family Court who can assist you on the day of court.

What happens next

At the first court appearance, the judge will set a date for a presentation hearing. At this hearing, you will have a chance to convince the judge why the child should be returned to you. The judge may decide to make a supervision order (returning the child to you under supervision of the Ministry) or a custody order (leaving the child in the care of the Ministry) until a protection hearing is held.

A protection hearing must begin within 45 days from the end of the presentation hearing. Before or after the commencement of the protection hearing, you will probably be asked to attend a case conference (a meeting with a judge and the Ministry to see if you can reach an agreement about the child's care). If there is no agreement, the judge will hold a protection hearing. At the end of it, the judge may order that the child be returned to a parent or other person, remain in the custody of the Ministry for a period of time or, in rare and serious cases, remain in the custody of the Ministry on a continuing basis.

Where to get help

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

• Legal Aid Representation, to apply for legal aid.
• Family Law in BC website, for forms, self-help materials and other legal information about child protection and removal.
• PovNet, for the "Find an Advocate" feature on their website.
• Duty Counsel, for some assistance on the day you have to appear in court.
• LawLINE.
• Access Justice, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this guide. Make sure you bring copies of all documents relating to your case.

The Ministry of Children and Family Development now offers a number of structured meetings—such as integrated case management meetings, partnership planning conferences, family group conferences and mediation—aimed at resolving child welfare cases outside of court. Even though legal aid does not usually cover the cost of your lawyer to attend these meetings, it is a good idea to have an advocate or other support person attend with you. If a meeting does result in an agreement, try to have a lawyer review it before you sign it.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A lawyer paid by legal aid or the government who provides limited legal assistance to people on the day that they are in court.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."