Is there an ongoing need for continued protection for a child who was removed from the care of the current care giver?
Ontario, Canada
The following excerpt is from Children's Aid Society of Halton Region v. N.(R.R.), 2008 ONCJ 95 (CanLII):
[133] I am also mindful of the need for the court to maintain a flexible approach with respect to the consideration of whether there is an ongoing need for continued protection. This consideration encompasses more than an examination of the presence or absence of the events that triggered the initial state intervention and must also include a consideration of whether or not it is necessary to protect a child from emotional harm that might result in the future as a result of severing ties with their current care givers. See Catholic Children’s Aid Society of Metropolitan Toronto v. Cidalia M., supra.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for making a child protection order under section 57.1 of the Child Protection Act? (Ontario, Canada)
When making a determination of habitual residence of a child who was removed from the care of the child by the Court of Appeal in 2010, is it improper to rely on facts arising from the wrongful removal of the children? (Ontario, Canada)
In determining if a court order is necessary to protect a child in the future, can the court consider protection concerns other than that that resulted in the child coming into care? (Ontario, Canada)
What is the test for determining whether a child is in need of protection under section 74(2)(b), (f) and (h) of the Child Protection Act? (Ontario, Canada)
What is the test for determining where a child was habitually resident at the time of the child's removal and retention? (Ontario, Canada)
In what circumstances will the court allow a mother to change the child's residence 380 km (200 miles) away from the child’s current residence? (Ontario, Canada)
What is the test for finding a child in need of child protection? (Ontario, Canada)
If a child takes a gap year before starting secondary education, can that child remain a child of the marriage? (Ontario, Canada)
What is the current income of the payor spouse for child support under the Child Support Guidelines? (Ontario, Canada)
What is a reasonable approach for child support where the child is away at part of the year but continues to have a home base with one parent? (Ontario, Canada)
