Authors: Sunaina Kakkar & Dustin Tkachuk

When a child is apprehended, the Director (Child & Family Services) must return the child within two days or make an application for initial custody, as well as a supervision order, a temporary guardianship order, or a permanent guardianship order. This paper explores initial custody applications, including timelines and structure of the initial custody hearing , evidence, the legal test to be met, tips for counsel for the Director, tips for counsel for the parent/guardian, and next steps after the hearing.

This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.