This story is stranger than fiction! A foster parent couple has held the Children's Aid Society of Hamilton, Ontario accountable for violating their constitutional right to freedom of religion. Child welfare law transitions into constitutional law. The...
Child Welfare
Do’s and Don’ts of a CAS Apprehension of Your Child
On Behalf of Gene C. Colman Family Law Centre | Jan 6, 2016 | Child Welfare
Where there is a perceived threat to the health, safety or well being of a child, the Children's Aid Society (CAS) has the legal right to apprehend a child - ie. remove the child from the care of the parent or other guardian. If you are concerned about a possible...
C.A.S. Attitude: Win child welfare cases at all costs
On Behalf of Gene C. Colman Family Law Centre | Jan 1, 2015 | Child Welfare
It should not be a matter of "win" or "lose" when it comes to Ontario child welfare law. Ontario's Child and Family Services Act tells us that the paramount purpose is to "promote the best interests, protection and well being of children." One might note the glaring...
PROPORTIONALITY, SUMMARY JUDGMENT, SELF REPRESENTED CHILD WELFARE LITIGANTS
On Behalf of Gene C. Colman Family Law Centre | Aug 18, 2014 | Child Welfare
We have previously commented upon procedural fairness in child welfare cases and the role that summary judgment motions play: Part 1 Part 2. We have called for reforms. The growing threat to procedural fairness principles has been further exacerbated by the Supreme...
Unfair or Indefensible – Costs Against C.A.S.?
On Behalf of Gene C. Colman Family Law Centre | Jan 7, 2014 | Child Welfare
There is a presumption that a successful party is entitled to the costs of a motion, enforcement, case or appeal (Ontario Family Law Rules, R. 24(1)). There is, however, no such presumption for costs in a child protection case (Rule 24(2)). Does that mean that a...
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