Divorce Lawyer Edmonton | Best Child Welfare Laws
Laws in Alberta are designed to protect children says divorce lawyer Edmonton. However, it is often a parent’s worst nightmare. To be at the centre of an investigation regarding the safety of their child.
While there are many different scenarios that mean that a child. Will need intervention to make safe. Such as a child who becomes lost, for example. After taking the wrong bus. And they need help in getting home.
A child who has run away from home, or who has been temporarily or permanently abandoned. By one of their parents or guardians. Or a child whose parent or guardian has passed away, and there is no other parent or guardian who will automatically assume custody.
However, divorce our Edmonton says there are also some more specific. And forthright ways where a child is in danger. And needs help, from the right organizations. They might be emotionally, physically or sexually abused.
Either by a parent or guardian. Or someone else, that a parent or guardian is unable or unwilling to stop the abuse. And the child also might be suffering from cruel and unusual punishment, again either from the parent or guardian.
Or by a parent or guardian is unable or unwilling to stop this cruel and unusual punishment. In fact, any time a citizen witnesses a child. That they suspect may need help. That citizen is legally obligated.
To report the situation either to the police, and RCMP detachment. Or the child and family services directly. Once they get a complaint, they are legally obligated to investigate to their fullest capability.
Which will include entering the home, and viewing the living areas. Interviewing the parents and guardians. Talking to the child in private, and also speaking to important third-party individuals.
Such as the child’s siblings, grandparents, aunts and uncles. Talking to babysitters, teachers and even neighbours. In order to determine if the child is in fact. In danger, and needs help.
Once the investigation is over, they can handle things two ways. If they believe the child needs help. And whichever way they decide to proceed, parents or guardians should find their own independent legal representation.
Such as a divorce lawyer Edmonton, from a law alliance in Edmonton. The reason why they will benefit from hiring a divorce lawyer. Is because divorce lawyers are very well-versed in child welfare laws.
From the family Law act of Alberta, to the child youth family and enhancement act. They will be able to help parents understand. That they are under no legal obligation. To sign any of these agreements says divorce lawyer Edmonton.
No matter what child and family services say. In fact, signing the agreements are supposed to be voluntary. However, many parents report being harassed, bullied or lied to by child and family services in order to get them to sign.
If they sign, they will keep things out of the court. However, parents will be legally bound to anything written in the documents. Which is why they might be better off. Going to court with their divorce lawyer Edmonton. And having a judge listen and decide.
Divorce Lawyer Edmonton | Best Child Welfare Laws To Know
Even though it can be stressful says divorce lawyer Edmonton. Appearing before a judge on a child welfare case. Getting independent and legal representation can help parents and guardians. Understand the proceedings, and proceed through them effectively.
Typically, is a child welfare case will go to court. Either because a parent has refused to sign. One of the three agreements given to them. By child and family services. They may agree that changes need to be made.
But they do not want to be tied to an agreement. That may have unrealistic timelines. Or, will have repercussions. If they do not fulfil requirements in a certain timeline. That will remove their child from their custody.
Or, a divorce lawyer will say that a situation may escalate to court. Because child of family services does not believe that the parent will make the changes. Or is capable of making the change, and they go directly to court.
However, parents should not worry just because it is going to court. Because they will have representation from a great divorce lawyer Edmonton, such as the ones at the Law alliance located in Edmonton.
If it goes directly to court, child and family services will typically file for an apprehension order. Asking the judge to decide where the child should live. Until the trial date is called.
Since the trial can take several months, or a year and longer. It is very important that parents do their best to plead that the child should stay in their custody, with the help of their divorce lawyer Edmonton.
After the judge decides, then child and family services only has forty-two days. To decide what type of court order they are asking the judge to decide upon. If the parents have lost custody of the child.
They can actually appeal that, which must be dealt with. Before the trial can commence. And once they custody has finally been decided, then parents will be waiting for the trial dates. And that is when their divorce lawyer Edmonton will recommend.
That they will start making the changes that were outlined in one of the agreements given to them by child and family services. So that ideally, by the time the trial date comes around.
The situation that put the child in danger. Will not be rectified, and the judge will have no choice. But to drop the case, because it has already been fixed. This will allow the parents to take control of the situation.
And fix the situation that cause their child to be in danger. All without having to sign a document requiring them. To potentially lose custody of their child if they did not make the changes in time.
While it can be very stressful to have to go to court. If parents are willing to work with their lawyer, and do the work to change the situation. They can make things better for their child, all without risking custody in the long run.