Child Protection

Child Protection – Risk of Harm

Are you a grandparent or perhaps an uncle or aunt who is concerned about the welfare of your grandchild, nephew or niece? Child protection legislation exists in all provinces that provides for the removal of a child or children from the custody/care and control of a parent if there is a current risk of harm to that child or children.

Note that evidence of actual harm is not required. Children can be deemed to be in need of protection when there is a risk that the child is likely to be sexually molested or exploited, suffer physical harm, or emotional harm.

If, after investigation, a child protection agency determines that a child or children are at risk, staff may believe that a child or children can be protected under the terms of a supervision order. In that case the child or children remain in the home but subject to the agency’s supervision.

In more serious cases, an agency may elect to apprehend the child and that can be done immediately and with police assistance without a warrant or court order.

In cases where there has been an apprehension, a child protection agency must bring a court application seeking an order providing that the child or children remain in the care of the agency. The agency must satisfy the court that there is a risk that the child or children may suffer harm if the order is not granted.

At this preliminary stage, courts are usually inclined to make the order which will stay in place until the parents or someone who has custody of the child or children can respond with their own materials which are filed with the court.

If you are concerned that a child or children may be at risk of harm you may wish to inquire about the legal issues involved and how to bests approach those issues. If so, please contact my office at 506-497-2560 for a no-obligation consultation. Note that you can engage with FLW from the comfort of your own home by way of a video conference on zoom, skype or google platforms.

Ask for details of my low-cost plans for assistance to self-represented litigants in family court. Plans include assistance with completion of family court forms, advice on the outstanding issues and what to expect from the court process. The plan is designed for self-represented litigants in family court in all Canadian provinces and start at $50.00 monthly.

Finally, you may find the answers you seek from my website, YouTube channel or Facebook page. Links are set out below.

Grant Edward Rayner B.Comm., LL.B.

Member Law Society of Ontario since 1985.*

If you are separating from your spouse in the Upper St. John River Valley of New Brunswick, call Langdon Law at 506.497.2560 for a consultation. Offices in Woodstock, Hartland and Florenceville-Bristol to serve you.

*Grant is a member of the Law Society of Ontario. He has permission from the Law Society of New Brunswick to practice as a visiting lawyer with the firm Langdon Law pending the transfer of his membership with the Law Society in Ontario to the Law Society of New Brunswick.

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