1. Decide if you should try ADR
Question & Answer
What is alternative dispute resolution in a child protection case?There are many reasons why people choose to try (ADR) instead of going to court. They choose it because it can be:
- faster
- cheaper
- less stressful
- more private
ADR also allows parents to have more control over the decisions that affect their children.
ADR works well for certain types of child protection cases. For example, ADR may help if a (CAS) and you are trying to agree on:
- where your child is placed, for example, whether the place is suitable and is not too far from your home
- the terms of a that work for your family
- a detailed plan if your child is not in your care
- what needs to be done before your child can return home, if your child is not in your care
- whether it's possible for your child to be cared for by extended family, instead of by CAS
- an openness order for children who will be adopted so that they can stay in touch with their birth family
ADR can also be useful in cases where CAS is working with your family because of conflict between you and your teenage child, or because of conflict between you and your child's other parent.
ADR is usually not helpful when:
- there is an ongoing criminal case against you about child protection issues
- you have a serious addiction or substance abuse problem that's not being dealt with
- you have serious mental health issues that don't allow you to fully take part in ADR and you don't have enough support
Talk to a lawyer
You don't need a lawyer to agree to try ADR with CAS. But if you decide to try ADR, it's a good idea to get your own legal advice before you sign an agreement to take part in it. It's also a good idea to get legal advice before you sign any agreement that you reach in ADR.
You can talk to a lawyer who can help you understand what it means to agree to ADR.
You can apply for a legal aid certificate to ask Legal Aid Ontario (LAO) to pay for your lawyer.
Your income must be low enough for you to qualify. If you can't afford to hire a lawyer for your whole case, some lawyers offer “unbundled services” or “limited scope retainer” services. This means you pay them to help you with part of your case.
If you can't afford to hire a lawyer, you might be able to find legal help in other places.
In some situations, a parent has the right to a lawyer to make sure that their court case with CAS is fair. In those situations, a court can order the government to pay for that parent's lawyer through Legal Aid Ontario. This doesn't happen in most cases.
