MCFD Is Applying for a Continuing Custody Order — What Does That Mean for Me?
A Continuing Custody Order is MCFD's application for permanent legal custody of your children. It is the most serious step in BC child welfare proceedings. Here is what it means, what the legal process looks like, and what you must do right now.
A Continuing Custody Order permanently ends your parental rights. MCFD must prove it to a court — and you have the right to contest it with full legal representation. Contact a lawyer today, not tomorrow. This is the most urgent legal situation in child welfare proceedings.
If you have been told MCFD is applying for a Continuing Custody Order, you are at the most critical point in the child welfare process. The steps you take in the next days determine the outcome.
What a CCO does
A Continuing Custody Order permanently transfers legal custody of your children to the Director of Child, Family and Community Service. Your parental rights end. Your children can be adopted, placed permanently, or remain in long-term foster care — all without your consent.
This is not a temporary arrangement. It is designed to be permanent.
What MCFD must prove
MCFD cannot obtain a CCO simply because they believe you are a less-than-ideal parent. They must prove to a judge:
- That your children are in need of protection from a specific harm
- That returning them to your care would place them at substantial risk
- That the risk cannot be addressed through supervision or services
- That a CCO is in your children’s best interests
These are legal standards with evidentiary requirements. MCFD must meet them in court, with evidence, before a judge.
Your rights in this process
You have the right to:
- Be represented by a lawyer at the CCO hearing
- Present evidence — witnesses, documents, your own testimony
- Challenge MCFD’s evidence
- Have your children’s cultural rights and your Indigenous identity considered
What to do right now
Call Legal Aid BC (1-866-577-2525) today. Tell them MCFD is applying for a Continuing Custody Order. This is their highest-priority child welfare situation. If you already have a lawyer, call them immediately.
Do not miss any court dates. Do not stop participating in your programs. Do not give MCFD any additional grounds during the period leading up to the hearing. Your conduct between now and the hearing is part of the evidence the court will see.
If you are an Indigenous family navigating child welfare in BC and need peer support, contact KFT-Families Society at [email protected], call Lori at 604-512-3266, or visit keeping-families-together.com. IFISC operates weekly peer support circles, connects families with culturally grounded resources, and provides guidance to parents at every stage of the child welfare process — at no cost.
Frequently asked questions
- What is a Continuing Custody Order in BC?
- A Continuing Custody Order (CCO) is a court order that permanently transfers legal custody of your children to the Director of Child, Family and Community Service. It ends your legal parental rights. It requires a court hearing where MCFD must prove the CCO is in your children's best interests. You have the right to contest it with legal representation.
- Can a Continuing Custody Order be reversed?
- A CCO is extremely difficult to reverse after it is granted. There is an appeal process, but appeals succeed only in narrow circumstances. The time to contest a CCO is during the hearing before it is granted — not after. This is why immediate legal representation is critical the moment you learn MCFD is applying for one.
- What does MCFD have to prove to get a Continuing Custody Order?
- MCFD must prove to the court's satisfaction that returning your children to your care would put them at substantial risk of harm, that the risk cannot be managed with services or supervision, and that a CCO is in your children's best interests. The burden of proof is on MCFD — not on you to prove you are a perfect parent.
KFT-Families Society
You do not have to navigate this alone.
IFISC is operated by KFT-Families Society, an Indigenous-led nonprofit founded by people who have navigated the child welfare system firsthand. We run weekly peer support circles and connect families with culturally grounded resources across BC. Reach out — no paperwork, no waitlist.
[email protected] · keeping-families-together.com