Court process

If the Ministry of Children and Family Development removes your child(ren) from your home, a court process will begin. There are two main stages in the court process:

• the presentation hearing and
• the protection hearing.

It's very important that you go to every court hearing and to get legal advice.

• Do not go to the hearing alone or without legal advice. Talk to an advocate or lawyer as soon as possible after the child protection worker tells you that he or she has decided your child needs protection.
• You can also ask the court clerk or at the registry if family duty counsel is available. Family duty counsel are lawyers paid by legal aid who can explain the procedures to you and give you specific advice on your options in court.
• If you don't have a lawyer, it's best to ask the court for a delay so that you can get legal advice.

Read our Tips on what to do before you go to court.

Important: At any point during the court process, you can try to reach an agreement with the ministry. You may negotiate with your child protection worker or ask to use collaborative decision making such as mediation.