Divorce Lawyer Edmonton | Best Child Welfare Rules
It is very serious admits divorce lawyer Edmonton to have a child who is in need of help. In fact, any child who is endangered, requires intervention. And anyone who suspects, or witnesses a child who is in danger.
Is actually legally obligated to report the situation. Either to the police or RCMP. Or to report the situation to child and family services directly. Once child and family services receives a complaint, they are legally required to investigate.
As well, they have extremely broad powers that they can utilize. In order to investigate child welfare complaint. Including entering the home and looking around. Interviewing the child, parents and guardians.
As well as any third parties, such as siblings, neighbours or witnesses. If after their investigation they determine that the child does need help. They can either take the parents or guardians to court.
In order to handle the situation with a judge. Or, they can prepare what they call a written agreement. And give it to the parents or guardians to sign. Signing these written agreements are supposed to be voluntary according to divorce lawyer Edmonton.
However, once they are signed, they are legally binding. Therefore, lawyers across Alberta will give parents free advice. If they receive a written agreement. So that they fully understand what is being requested and required of them.
Before they sign it, and sometimes. It is not even in their best interest to sign it. So they need to be fully informed before they sign. It is also important to note that child and family services do not work for parents.
They work for the government, and will not give parents. Advice on what is best for the parents. Whereas hiring a divorce lawyer Edmonton will ensure. That parents can get the advice that is best for them.
If child and family services does not handle a child in need of intervention outside court. They will file for something called an apprehension order. Which is exactly what it sounds like it is. It is an order, granted in court by a judge.
That gives child and family services the legal authority to take the child. Out of the home, in order to protect that child. No notice will ever be given to the parents or guardians. Before the application is put in.
But after the order is granted. They will get a notice so that they can respond to it. Child and family services has specific number of days. Until they must decide what type of substantial of application they are going to make.
it is at this point that a divorce lawyer Edmonton come in very handy. Because once the apprehension order is in. Parents and guardians can argue in front of a judge. Why temporary custody should be granted to them and not child and family services.
Since it will be in the court system, having a lawyer present can be incredibly beneficial. But in the meantime, lawyers will recommend. That parents do all of the things that child and family services recommends. So that if it does go to trial. They can show that they have been trying to make things better.
Divorce Lawyer Edmonton | Child Welfare Rules Parents And Guardians Should Know
Nobody wants a child in danger says divorce lawyer Edmonton. But, many different types of situations can unfortunately happen and children end up needing help. When they need help, they are considered in need of intervention.
Which means they are abandoned or lost. Their parents or guardians have passed away. And there is no other guardian to help them. They have been neglected, sexually abused, physically or emotionally abused.
Either by the parent or guardian, or that same parent or guardian. Is unable, or unwilling to protect the child from that neglect, sexual abuse. Physical or emotional abuse. And it also extends to cruel or unusual punishment.
Or a failure, or unwillingness to protect that child. From cruel and unusual punishment. And many citizens may not even be aware says divorce lawyer Edmonton. That if they witness a child who they think may be in need of intervention.
They are legally obligated to report the situation. Either to the police or RCMP. Or they can reported directly to the child and family services organization. Once they get a complaint. CFS is mandated by law to investigate.
If they discover that there is a child. Who is in danger, they can either prepare a written agreement. Either called a custody agreement, a family enhancement agreement. Or a permanent Guardian agreement.
These three different types of agreements will have three different ways. To correct the situation. The custody agreement will give child and family services temporary guardianship of the child.
Until a set of changes has been made. Usually to completely correct the reason. Why the child was in danger in the first place. The second agreement is the family enhancement agreement.
In this agreement, the child remains in the families custody. But, the family will make certain changes. In order to correct the danger, things can include going to counselling. Going to parenting classes.
Or going to addiction therapy of any kind. The aim of these agreements is to correct the situation. And ensure that the situation is no longer going to propose. Any danger to the child or children that were once in danger.
However, divorce lawyer Edmonton says the third agreement. Is the most serious one, called the permanent Guardian agreement. This one will remove guardianship of the child from the parent or guardian.
Not just temporarily, but permanently. If a parent signs this, they will lose their rights. To the child permanently, and irrevocably. Therefore, before any parent signs any agreement with child and family services.
They should get an outside, and independent legal opinion. Such as the expert advice that can be found. At eLaw alliance located in Edmonton. They will help parents figure out what to do next.
To ensure that they fix the situation. And their children remain in their custody. People can call divorce lawyer Edmonton at eLaw alliance today, in order to get a free one hour consultation to rectify the situation.