Keeping Families Together
If a children’s aid society or a child and family services agency (such as Kunuwanimano, NEOFACS, Nogdawin, Dnaagdawenmag, Niijaansinaanik, or Kina Gbezhgomi) contacts your family, you do not have to sign any documents before speaking with a lawyer.
We strongly encourage you to contact Legal Aid Ontario and contact a lawyer as soon as possible. Early legal support can make a significant difference in protecting your rights and keeping family connections.
We Accept Legal Aid For Child Protection Matters
At Niigaan Miikaans Law, we provide full services for child protection matters and we accept Legal Aid Certificates for these types of cases.
We provide In-person services for child-protection legal matters across Northeastern Ontario.
Our mission is to provide compassionate and culturally appropriate legal services that support families and help children stay connected to their families and communities.
What Is The Process In Court For Child Protection?
Voluntary Service Agreements
Sometimes child protection agencies try to work with families outside the court system by entering into a voluntary service agreement. Parents have a right to get a lawyer to review the agreement before signing it to ensure their rights are protected. Legal aid may help with getting a lawyer.
Find a Lawyer Quickly
If the children’s Aid Society removes a child or children from a home, they have 5 days to bring the case to court for a first appearance. At the first court date, CAS must explain why they think the child(ren) is in need of protection. You should contact Legal Aid immediately and then find a lawyer.
The First Court Appearance
At the first appearance, a judge will review the removal and make a temporary order. The order will say where the child(ren) will stay until a temporary care and custody motion takes place. The child may be placed with the parents, with CAS, or with another person.
Even if the parents do not have a lawyer, they must attend the first court date. Duty counsel (lawyers provided by legal aid) can help if parents don’t have a lawyer yet. If the judge doesn’t return the child to the parents, the parents can tell the judge what access they would like until the temporary care and custody motion.
Answer and Plan Of Care
The judge will also review the parents’ Answer and Plan of Care, if they have been filed. If they have not been filed by the first court date, the judge will usually set a deadline of about 30 days to submit them. Having a lawyer help prepare these documents can better protect parental legal rights.
How Your Lawyer Can Help
A lawyer can help with all parts of the case including arguing a temporary care and custody motion, negotiating case conferences and settlement conferences, and representing the parents at trial if needed.
Other Agencies To Get Help From
If you need a lawyer for a child protection matter, you may qualify for a Legal Aid certificate. You can apply through Legal Aid Ontario’s Client Services. If you are a member of a Nishnawbe-Aski Nation (Treaty 9) First Nation, you can also apply through Nishnawbe-Aski Legal Services.
Pricing FAQs
Legal fees often come as an unexpected expense during challenging times. Deciding whether to get legal help early to avoid more complex issues can be tough, and we understand that. Due to the unique nature of each case and family, we can’t guarantee how much your matter will cost, but we can work with you to find a way to afford legal help.
For Child Protection matters we accept Legal Aid Certificates.
Niigaan Miikaans Law typically bills hourly at $200/hour. However, for straightforward matters like uncontested divorces or Wills, we offer flat-rate fees.
Here are some examples of our flat fees:
Simple Will: starting at $450 (discounts available for couples)
Uncontested application for administration of an estate (probate) valued under $100,000: starting at $1,000 with a Will, or $1,500 without a Will, plus court fees and Estate Administration Tax.
Uncontested guardianship, adoption, or divorce applications: starting at $1,200, plus court fees
Fees may vary depending on the complexity of the matter and the specific circumstances. We will provide a more precise flat rate estimate after reviewing your situation.
Retainers are deposits paid to a lawyer and held in a trust account for legal fees billed at an hourly rate. As work is completed on your matter, fees are billed against this deposit. Initial retainers typically range from $1,500 to $5,000. Invoices are provided before any funds are withdrawn from the retainer, ensuring you are aware of the services provided and your current costs.
Our goal is to keep you fully informed about your legal fees every step of the way, preventing any surprises.