What is the test for making a finding that a child is in need of protection pursuant to the Family Law Act?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Toronto v. T.S., 2011 ONCJ 732 (CanLII):
[69] The court has the discretion to make a finding that a child is in need of protection pursuant to a clause of the Act that is not pleaded if the finding is justified by the evidence, the parent had full disclosure, is not caught by surprise and had an full opportunity to test the evidence. See Durham Children’s Aid Society v. R.S. and J.M.[2005] O’J’ No. 570 (Ont Fam Ct).
"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)
In support of a joint family plan, does the Child and Family Services Act, R.O. 1990, c.61(2) make a presumption in favour of a community or kin plan? (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)
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 a finding of need of protection in a child protection case? (Ontario, Canada)
What is the test for finding a child in need of child protection? (Ontario, Canada)
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
In a summary judgment proceeding in a child protection case, is a bald allegation as to the existence of a parent-child relationship insufficient to raise a genuine issue for trial? (Ontario, Canada)
Can a convicted child luring offender plead guilty in Canada to all charges arising out of his activities of child sexual exploitation and child pornography to the victim's parents in Canada? (Ontario, Canada)
What is the consideration of child protection factors in determining the child’s best interests? (Ontario, Canada)
