What To Do When the CAS Comes Looking For Your Client: Fundamentals in Child Welfare Litigation (Archived Video Stream) 

Nov. 9, 2012
Toronto Online

ARCHIVED VIDEO STREAM

This is the archived version of a program presented onNovember 9, 2012.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   

This archived video will outline and address the basic issues all lawyers need to consider when dealing with child protection litigation. Whether you have extensive experience or are dealing with a Children’s Aid Society for the first time in connection with ongoing domestic litigation, you will benefit from this video. Our panel of judges and Society, Children’s, and Parent’s Lawyers will explain to you step by step the unique procedures. You will come away understanding how the pleadings differ from those in domestic family law litigation; how to utilize disclosure, plans of care, temporary care and custody hearings, and kin placements to your best advantage; and how to prepare for a child welfare trial.

Apprehension: The Test, and the Strategy

  • The test before the Court, and its options
  • Practical strategies for a strong parental defence in a short service situation

Bobbi M. Olsen, Ricketts, Harris LLP

The Society’s Burden: Protection Concerns, and a Plan for Their
Resolution

  • Plans of care: the Society’s checklist for assuaging the concerns, and a vehicle for accountability
  • Disclosure: What you are entitled to, how you get it, and what to look for

Helen Murphy, Barrister and Solicitor; Former Chief Counsel, Catholic Children’s Aid Society of Toronto

The Parents' Case: Denial or a Rehabilitation Plan Part 1: Pleadings

  • How they differ from domestic family litigation
  • Balancing criticism of the Society’s case with the appearance of positive client cooperation
  • Setting a road map for a closed CAS and court file

Robert Shawyer, Robert Shawyer Family Law

The Parents' Case: Denial or a Rehabilitation Plan Part 2: Testing the
Case: Temporary Care and Custody Hearings

  • The test the Society must meet
  • Strategy in your approach
  • Variety and creativity of Orders available
  • OCL input

Charlotte Murray, Charlotte Murray Family Law

Kin Placements

  • What they are and who is included
  • The process for evaluation
  • Getting the Court on side if the CAS is not: what you need

Ian Mang, Mang & Steinberg Professional Corporation

Trial: Preparation and Presentation

  • Evaluating the strengths and weaknesses of your client’s case
  • Trial materials: what is, and is not, helpful to the Court
  • Evidentiary issues
  • Presentation: the successful approach

Panel Discussion
The Honourable Mr. Justice Stanley Sherr, Ontario Court of Justice
Elizabeth McCarty, Counsel, Child Legal Representation, Office of the Children’s Lawyer
Helen Murphy, Barrister and Solicitor; Former Chief Counsel, Catholic Children’s Aid Society of Toronto
William A. Sullivan, William A. Sullivan, Family and Immigration Law

Advanced Issues: Openness in Adoption – The View from the Bench

  • Brief overview of recent amendments
  • In what circumstances is openness most appropriate?
  • How does s. 21 of the CLRA interact with the openness provisions?

The Honourable Mr. Justice Lawrence Thibideau, Ontario Court of Justice - Brantford

Subsequent Panel Discussion
Moderator: Elizabeth Capitano, Children’s Aid Society of Brant
Cheryl Appell, Dickson MacGregor Appell LLP
Bernadette Gallagher, Ontario Association of Children’s Aid Societies
Elizabeth McCarty, Office of the Children’s Lawyer
Helen Murphy, Barrister and Solicitor; Former Chief Counsel, Catholic Children’s Aid Society of Toronto

 

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    Cost
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    CBA Member: $145*
    Non-Member: $185*

    For 4 or more Participants
    CBA Member: $195*
    Non-Member: $250*
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