Before Going to Court
Finding legal help and representation
Child protection law is very complex. If you can, it is extremely important that you hire a lawyer to ensure that your rights are protected. If you cannot hire a lawyer for your entire case, you should consider consulting a lawyer for specific issues.
You may qualify for legal assistance from Legal Aid Ontario. You should know, however, that you must qualify financially to receive a certificate to hire a lawyer. You may reach Legal Aid Ontario at 1-800-668-8258.
Legal Aid Ontario also provides advice counsel at the family courthouses that may be able to give you some advice before you go to court. Legal Aid Ontario also provides duty counsel who may assist you on the days that you are scheduled to appear in court for case conferences or motions. Advice and duty counsel cannot represent you in court at a trial, settlement conference or trial management conference.
Legal Aid Ontario has provided this document that you may find helpful: Has children's aid contacted you? (legalaid.on.ca)
You may find more information about Legal Aid Ontario here: Legal Aid Ontario
Also, you can get referrals to a lawyer from the Law Society Referral Service at the Law Society of Ontario at 1.800.268.8326 toll free or 416.947.3330. The Referral Service will give you the name of a lawyer within or near your community. The lawyer will give you a free consultation of up to 30 minutes.
You may find more information about the Law Society of Ontario’s Referral Service here: Law Society Referral Service | Law Society of Ontario (lso.ca).
In child protection cases, the judge may order the Office of the Children’s Lawyer to be involved in the case. You may also ask the judge to order that the Office of the Children’s Lawyer be involved in your case. You can do this at any court appearance.
The Office of the Children’s Lawyer is independent of the Children’s Aid Society.
The Children’s Lawyer will assign a lawyer to represent your child. If a judge makes an order for help from the Children’s Lawyer, the Children’s Aid Society will complete this form: Office of the Children's Lawyer Child Protection Referral Form 2018 (ontariocourtforms.on.ca) If a judge makes an order for the Office of the Children’s Lawyer, this form will be used: Child Protection Order
You may find more information about the Office of the Children’s Lawyer here: Office of the Children’s Lawyer | Ontario.ca
You may qualify for legal assistance from Legal Aid Ontario. You should know, however, that you must qualify financially to receive a certificate to hire a lawyer.
Legal Aid Ontario also provides advice counsel at the family courthouses that may be able to give you some advice before you go to court.
Legal Aid Ontario also provides duty counsel who may assist you on the days that you are scheduled to appear in court for case conferences or motions.
Both advice and duty counsel may give you 20 minutes of free advice regardless of whether you are eligible for legal aid. However, they will not represent you in court at a trial, settlement conference or trial management conference.