Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Even though a court hearing must begin by a certain date, it is unlikely to be finished on that date.
The law allows for a protection hearing to be temporarily adjourned to a later date. This might be necessary if:
- not all of the required parties have had notice of the hearing
- you need more time to get a lawyer
- the parties want to try some type of mediation to resolve things
- a summary hearing or trial is required
The law says that, although adjournments can happen, the court must decide a matter within 60 days after the first day of the hearing. This does not apply if the court does not have enough evidence to make a decision. In that case, they can ask for more evidence or dismiss the application. This timeline also does not apply if the hearing is stayed (put on hold) because someone has made an application for a parenting order (used to be called custody and access) under The Children's Law Act, 2020. See What About a Parenting Order Under the Children's Law Act.
Interim Order
If a judge adjourns a hearing, they may make an order that will be in place until the next court date (called an interim order) but they do not do so in all cases. An interim order could say where a child is to live in the meantime. A judge could order that the child stay with or be returned to their parent, that they stay with a Person of Sufficient Interest or that they stay in the temporary custody of the Minister (in foster care).
You or your lawyer will have a chance to say what you think about any interim order proposed and to make your own suggestions. At all times, a judge must consider what is in the best interests of the child. A judge can and usually does put conditions in an interim order, such as visitation for parents if a child has been removed from their care.
Visits
If a judge does not make a specific interim order about visits when they adjourn a hearing, it is important to know that visits between parents and children are expected to be provided and, if they are not happening, you can go back to court to ask for an order that visits be provided.
