Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
There are a few situations in which the Ministry or FNCFS Agency may decide to withdraw and end a court application.
This might happen if, for example, you come to an agreement with the Ministry or FNCFS Agency which allows your child to be returned to you under a Family Services Agreement.
A court application may also be withdrawn at any time if the case worker no longer believes a child is in need of protection. This may happen if:
- you address the issues that were causing the Ministry or FNCFS Agency to believe your child was in need of protection
- the Ministry or FNCFS Agency places the child with another parent where there are no child protection concerns
Placement with Another Parent
Note that placement with another parent and withdrawal of a court application can only happen if the other person is a parent and there are no conflicting parenting orders. The Ministry or FNCFS Agency cannot place your child with, for example, a grandparent and then say there are no protection concerns and withdraw the application. This is because a grandparent (without some sort of court order) has no parenting rights under Canadian law with respect to your child.
Placement of your child with another parent can be difficult if you are not happy with that decision and would prefer to have the court make a decision, rather than the Ministry or FNCFS Agency. However, it has been accepted by Saskatchewan courts that the Ministry can withdraw an application for a protection hearing on its own and does not need the court to approve of that. In that situation, you may wish to talk to your lawyer about an application for a parenting order under The Children's Law Act, 2020.
