If a children's aid worker contacts you, get a lawyer first.
A CAS investigation is serious, but you have real rights — including the right to legal advice and, usually, the right to decide whether they come in without a court order. The most important step is getting a lawyer right away.
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In 30 seconds, here's what's true
- A Children's Aid Society (CAS) investigates reports that a child may need protection. You have the right to speak to a lawyer at any point — and you should, before signing anything.
- A worker generally cannot enter your home without your consent or a court order or warrant. There's a narrow emergency exception when a child is at immediate risk.
- Legal Aid Ontario treats child protection as a top priority and gives out legal aid certificates for it. Call them immediately — don't wait.
- If a child is taken to a place of safety, CAS has to be in court within 5 days. Only a court can make lasting decisions about your child — not a worker on their own.
- Poverty by itself is not a reason to remove a child. And every CAS decision and court order can be challenged with a lawyer's help.
How the process works
Call a lawyer before anything else
The moment CAS contacts you, get legal advice. Legal Aid Ontario prioritizes child protection and issues certificates. There's also free duty counsel at child protection court.
Be calm and keep your child safe
Stay polite and focus on your child's safety. You can assert your rights without being combative — and you should never let a standoff put a child at risk.
Know the rules about entering your home
A worker generally needs your consent or a court order to come in, except in a genuine emergency. You can say you'd like to speak to a lawyer first.
Don't sign anything you don't understand
Safety plans and voluntary agreements have real legal weight. Ask for time and legal advice before agreeing to anything in writing.
Get connected to free help fast
Duty counsel, legal aid, and community legal clinics can all help. Start a free PLAIN session and we'll point you to the right place quickly.
What to do next
- Contact a lawyer or Legal Aid Ontario immediately.
- Write down each worker's name and what was said.
- Ask what specific concerns the CAS has.
- Know that entry usually needs consent or a court order.
- Don't sign a safety plan or agreement without advice.
- Keep your child safe and stay calm throughout.
- If your child is removed, expect court within 5 days.
- Start a free PLAIN session to find free legal help.
Common myths
| Myth | Reality |
|---|---|
| CAS can take my kids without ever going to court. | No. If a child is removed, CAS must be in court within 5 days, and only a court can make lasting decisions about your child. |
| I don't need a lawyer for this. | You do — urgently. Child protection is a legal aid priority, and free duty counsel is available at court. Get advice before you do anything else. |
| I have to let a worker into my home no matter what. | Generally a worker needs your consent or a court order to enter, except in a true emergency. You can ask to speak to a lawyer first. |
| If I'm poor, they'll take my kids. | Poverty alone is not a ground for removing a child. The question is whether a child needs protection, not how much money you have. |
| Talking to CAS without a lawyer is fine. | What you say matters legally. It's safer to get legal advice before discussing details or signing anything. |
| CAS decisions can't be challenged. | They can. There's a court process, regular reviews of orders, and the right to a lawyer at every stage. |
| Signing a safety plan is no big deal. | Voluntary agreements carry real legal weight. Don't sign one without understanding it and getting advice. |
| Cooperating means giving up my rights. | You can keep your child safe and cooperate while still asserting your rights and insisting on legal advice. The two aren't opposites. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
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