Stages of the Court Process

A case will first be considered "in Chambers". Chambers is just another name for a court proceeding that is less than a full trial. Before the Chambers date (the date on the notice you received), you or your lawyer should be able to find out at least some basic information about why the Ministry or FNCFS Agency thinks your child is in need of protection and what they say should happen next (what they want the court to do). 

If you have a lawyer, your lawyer will receive this information and will discuss it with you. If you do not have a lawyer or do not yet have a lawyer, the Ministry or FNCFS Agency should discuss it with you. If you do not think that sufficient information is being provided or that it is taking too long to get the information, you can ask the judge to make an order directing the Ministry or FNCFS Agency to provide the information.

Your lawyer (or you, if you do not have a lawyer) can work with the Ministry or FNCFS Agency before the Chambers date to see what, if anything, you can agree on. You can try to negotiate an agreement. You can also use the services of a mediator (see Mediation). If you come to an agreement with the Ministry or FNCFS Agency before the Chambers date, they may be willing to sign an agreement and withdraw the court application altogether. They may still want the court to make an order but, if you agree, you or your lawyer can tell the court on the Chambers date that you agree with what the Ministry or FNCFS Agency says happened (or whatever part you agree with) and with the order they are proposing.

If you do not agree with what the Ministry or FNCFS Agency says or with the order they are seeking, it is very important that you attend court and tell the court that you do not agree. 

In many cases, if you disagree with what the Ministry or FNCFS Agency is saying or asking for, the court will adjourn (see Adjournments) and set another court date for either a summary hearing or a pre-trial conference.

A summary hearing is like a mini one- day trial and can be used if the Ministry or FNCFS Agency is asking:

• that your child remain with you under the supervision of the Ministry or FNCFS Agency OR
• if they are asking that your child be placed in the temporary custody of the Minister of Social Services (foster care)

Before any hearing (or before a full trial) you or your lawyer should be provided with access to all relevant information the Ministry or FNCFS Agency has with respect to your case. If you do not think that sufficient information is being provided or that it is taking too long to get the information, you can ask the judge to make an order directing the Ministry or FNCFS Agency to provide the information.

In some cases, you may have a pre-trial conference. A pre-trial conference is a meeting held in a court room with a judge, the Ministry or FNCFS Agency and the parents (with their lawyer). At the pre-trial conference, the case will be discussed. The parents and the Ministry or FNCFS Agency may be able to come to some agreement, or the judge may set the matter for a trial or send it back for a summary hearing.

A pre-trial conference is a required step if any parent or Person of Sufficient Interest refuses to agree to a summary hearing.

If the Ministry or FNCFS Agency is asking the judge for something other than a supervision order or an order that a child be placed in the temporary custody of the Minister and the parties do not agree, the matter must go to a full trial rather than a summary hearing. You will have a pre-trial conference before a trial.