How long does a Temporary Custody Order last?

A TCO in BC is initially short-term and must be renewed by the court. The specific terms depend on the child's age and circumstances. There are maximum time limits set out in the CFCSA, and a court must review the order regularly.

What is the difference between a TCO and a Continuing Custody Order?

A Temporary Custody Order is time-limited and does not end parental rights. A Continuing Custody Order (CCO) is a permanent order that transfers custody to the Director and terminates the parent-child legal relationship. A CCO requires a separate court application and higher legal threshold than a TCO.

What Is a Temporary Custody Order in BC Child Welfare?

Q: What is a Temporary Custody Order in BC?

A Temporary Custody Order (TCO) is a court order that places a child in the temporary care of the Director of Child, Family and Community Service. It is time-limited and requires court review. It does not end your parental rights — you remain the legal parent and have the right to participate in hearings.

A Temporary Custody Order places your child in government care through a court order. It is time-limited, it requires court review, and you remain their parent. Getting legal representation the moment a TCO is applied for is the single most important thing you can do — the decisions made at this stage shape everything that follows.

When MCFD applies to court for a Temporary Custody Order, the matter has moved from investigation to formal court proceedings. This is a significant legal step, and the response required from you is equally significant.

What a TCO does and does not do

A TCO places temporary custody of your child with the Director of Child, Family and Community Service. This means MCFD has legal authority over decisions about where your child lives and how they are cared for during the order’s duration.

What it does not do:

It does not end your parental rights
It does not mean your child will be in care permanently
It does not mean you cannot contest it

You remain your child’s parent throughout a TCO. You have the right to participate in planning, to attend court hearings, and to work toward your child’s return.

How a TCO comes about

A TCO is issued by a court, either after a removal has occurred or as a result of MCFD applying after an investigation. MCFD must present evidence to a court that the child needs protection. The court must be satisfied that the TCO is appropriate.

If you were not present at the initial hearing, ask your lawyer about your rights to contest the initial order or to request a hearing where you can present your perspective.

The review process

TCOs in BC are subject to court review. There are maximum time limits for how long a child can be in care under a TCO before a court must make a longer-term decision. Your lawyer can advise you on where in that timeline your child’s order sits.

Reviews are opportunities. They are moments where you can present your progress, challenge conditions that are not being met by MCFD, and advocate for a transition plan.

The distinction from a Continuing Custody Order

A Continuing Custody Order (CCO) is a permanent order. It ends the parent-child legal relationship and places the child permanently in government care. A CCO requires a separate application and a higher threshold.

If MCFD is moving toward a CCO application, you need legal representation immediately. The difference between a TCO and a CCO is the difference between a temporary situation and a permanent one.

Your cultural rights under a TCO

Under Bill C-92, even during a TCO, your child’s cultural continuity must be actively protected. This includes language, ceremony, Elder contact, and connection to community. These rights do not pause because a TCO has been issued.

Ask your MCFD worker in writing what specific steps the placement is taking to maintain your child’s cultural continuity. Document the answer.

KFT peer support is available at [email protected] and keeping-families-together.com.

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.